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2 Traffic offences for same incident - BC application help
Posted: Wed Jun 08, 2011 10:08 pm
by smkamran
In May 2008 I was convicted in court for the following 2 traffic offences:
1- LC20 : Driving otherwise than in accordance with a licence
(due to Expired International license) - 3 points and £50 fine
2- MS60 : Offences not covered by other codes
(due to having provisional as well and driving on motorway) NO point and £50 fine
Both were on same occasion.
I am eligible to apply next month for citizenship but not sure if my application would be successful.
Please advise. Would be highly appreciated if someone with similar kind of case had success or refusal.
Kind Regards
Re: 2 Traffic offences for same incident - BC application he
Posted: Fri Jun 10, 2011 12:23 pm
by VSAndroid
smkamran wrote:In May 2008 I was convicted in court for the following 2 traffic offences:
1- LC20 : Driving otherwise than in accordance with a licence
(due to Expired International license) - 3 points and £50 fine
2- MS60 : Offences not covered by other codes
(due to having provisional as well and driving on motorway) NO point and £50 fine
Both were on same occasion.
I am eligible to apply next month for citizenship but not sure if my application would be successful.
Please advise. Would be highly appreciated if someone with similar kind of case had success or refusal.
I think you will be okay - You have got no offences in last 12 months so its okay and I am sure they will take those 2 offences to be in a minor category.
Kind Regards
Posted: Fri Jun 10, 2011 2:19 pm
by Casa
Did you attend court for the offences?
Posted: Fri Jun 10, 2011 4:59 pm
by smkamran
Yes i did attend court
Thanks
Posted: Fri Jun 10, 2011 8:57 pm
by Casa
Then you may well have a problem with applying for BC. I would seek legal advice before you submit your application. A competent legal professional may be able to plead it be issued with discretion..otherwise you'll have to wait until the court judgement is spent...which is 5 years from the date it was issued.
Posted: Fri Jun 10, 2011 10:20 pm
by lionking007
Casa wrote:Then you may well have a problem with applying for BC. I would seek legal advice before you submit your application. A competent legal professional may be able to plead it be issued with discretion..otherwise you'll have to wait until the court judgement is spent...which is 5 years from the date it was issued.
As far as I know You will not be able to apply until these points are wiped off your licence (read the rehabilition of offenders act in the guide for the BC application) - Moderators pls correct if I am wrong. They do not consider these as minor offences especially if your points etc... were given in the court.
I agree with Casa, & as he suggested, please seek legal advice.
Posted: Fri Jun 10, 2011 10:25 pm
by Casa
I'm a 'she' Lionking007...but thanks for backing my advice
Posted: Fri Jun 10, 2011 10:31 pm
by lionking007
Casa wrote:I'm a 'she' Lionking007...but thanks for backing my advice
Sorry Casa.....
Posted: Fri Jun 10, 2011 11:33 pm
by geriatrix
It might be (more) economical for OP to first
check if there is any conviction on his record and consult a solicitor only if he has one.
Offence(s) committed when driving on international licence have to be dealt with by the court as a matter of procedure, but that doesn't necessarily mean that there's a conviction (in context of ROA).
Posted: Sat Jun 11, 2011 7:49 am
by Casa
Good advice Sush...but I was assuming that the other offence of driving on a motorway with a provisional licence would in itself raise a problem with BC which was included in the court summons and attendance.
Posted: Sat Jun 11, 2011 11:29 am
by geriatrix
If the offences did not lead to a conviction but were only FPNs (even though issued by court), then that the offence(s) date back to 2008 make them irrelevant for BC application. Therefore, IMHO, important for OP to know for sure if these offences led to a conviction or not .. rather than assuming so and basing his action(s) on that.
[quote="
3.2.3"]Caseworkers should note that
if a fixed penalty notice or fiscal fine has been referred to a court due to the nonpayment of the fine or if the notice has been challenged by the applicant and subsequently upheld by the court then this is treated as a conviction for the purposes of the 1974 Act (as amended) or Rehabilitation of Offenders (N. Ireland) Order 1978 and will attract a "spentâ€
Posted: Sat Jun 11, 2011 2:21 pm
by wasimakram
I was given 3 points and 60 pound fine through court.Reason, I passed my driving and got caught next day driving over the speed limit. Two years later I applied for taxi license and received Enhanced Disclouser crb check which was done on the behalf of council which showed no conviction.Is this Crb similar to that which is done by Home office ?If yes then
Does that mean points and fine given by court were not considered a conviction in my case? Thats I think what sushdmehta meant.
Correct me pls if I understood wrong.
Posted: Mon Jun 13, 2011 9:02 pm
by smkamran
sushdmehta: Can CRB check reveal if the the offences led to conviction.
Also, can anyone advice finding right solicitor obviously not naming as it would be against the site rules. I guess.