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DWI Entry to Canada - Consolidated Info

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DWI Entry to Canada - Consolidated Info

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Old Dec 24, 2018, 10:40 am
  #31  
 
Join Date: Jun 2015
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Originally Posted by Toshbaf
Very smug but a false accusation. Canada has the world's highest drunk driving death rate among developed country. The death rate is higher than the US. Therefore, the comment "you can merrily remain in your country" is fake news and misinformation.

https://nationalpost.com/news/canada...-s-study-finds
I don't know, it seems to me that if Canada does have in fact the highest drunk driving death rate (and I would point out that "drunk driving death rate" is not necessarily the same as overall "drunk driving rate" -- there are many other negative consequences to drunk driving aside from death, including severe injury, damage to vehicles or damage to property) that it would be logical for them to treat the crime strictly in an effort to reduce it.

Besides, I (and I say this as an American) think that the US is hardly in a position to be throwing stones at other countries' entry policies. The US has issued lifetime bans to Canadian investors in their legal marijuana business under the same logic -- investment in marijuana is considered controlled substance trafficking in the US under federal law -- so it seems that we're only applying the same philosophy as our northern neighbors.
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Old Apr 12, 2019, 11:38 pm
  #32  
 
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Can someone clarify the "deemed rehabilitation" rule with the changes that took place in Dec 2018?

I had a DUI in Jan 2009 (over ten years ago) and paid my fine.

To your knowledge, do I need to apply for rehabilitation or am I "Deemed rehab" since it was more than ten years ago (grandfathered in with the DUI to serious conviction rule in Dec 2018?)?

Thanks.
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Old May 3, 2019, 10:59 pm
  #33  
 
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Passport flagged

I was told my passport is flagged in the USA due to a bench warrant for DUI. I am always sent to secondary inspection there because of it. I tried to solve this but the public defender office can't help and a lawyer wants 3500 US$ just to get started.

My question is: if my passport is flagged in the USA will it also be in Canada at primary inspection?
I am not a US citizen or resident.
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Old May 3, 2019, 11:18 pm
  #34  
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Isn't the first question whether you were ever arrested or cited or convicted for DUI in any USA jurisdiction? Have you even driven in the USA? Do you even know the source (location) of the bench warrant, which (IANAL) is an official court order from a judge to immediately arrest you and hold you without bail (possibly for failure to appear at some hearing at which you are the defendant) but perhaps for failure to pay a fine or otherwise obey some court order, including the terms of some diversionary program).

If there really is a bench warrant, IMO you should straighten that out first/immediately. You don't want to find yourself suddenly in handcuffs/jail/being extradited. Entry into Canada should be a secondary consideration unless you never are present anywhere in the USA. Yes, I realize that extradition on a small warrant for DUI might be relatively unlikely due to the cost of the procedure plus the cost of having law enforcement escort you to the jurisdiction of the bench warrant, but do you really want to risk it?
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Old May 3, 2019, 11:22 pm
  #35  
 
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It was in Hawaii and there's no interstate extradition to Hawaii for misdemeanors. I am a tourist and can't stay more than 3 months so it was for failure to appear (like so many other non.US tourists in the same situation). The public defender's office can't represent me. I can't afford your insanely expensive lawyers so no, I can't take care of it.
Hence my question about the flagged passport. Thanks!
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Old May 4, 2019, 7:20 am
  #36  
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Your issue has little to do with DUI and more to deal with the fact that you are a fugitive under US law. It is merely an administrative convenience that HI chooses not to pay to transport fugitives sought on misdemeanors back to HI for trial.

The flag will remain on your passport forever. It will also exist in various US law enforcement systems which may or may not be accessed, but are certainly accessible by Canadian authorities. This may cause you problems at the US border but also in any encounter with US law enforcement such as an auto accident.

Under the circumstances, you could contact the local prosecutor's office in Hawaii and ask what it would take to dispose of the matter. Unclear what HI would require, and whether that can be accomplished without a personal appearance. But, you may as well find out and, even if you must travel to HI, perhaps that can be done in an inexpensive manner if properly planned.
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Old May 4, 2019, 10:11 am
  #37  
 
Join Date: May 2019
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Canada

Thanks, I know for the USA. I was just wondering if the Canadians will see it at primary inspection.
I already called everyone under the sun (the court clerk, prosecutor's office, the public defender's office, attorney general, the governor etc...)
No one can help. So I've really done everything I could. Hawaii clearly doesn't care one bit about this.
It's not a courtesy that they don't extradite, it's too expensive and as I said, they don't care anyway.
It's just a nuisance for me every time I come to the USA because I waste 2 hours in seconday inspection but I was asking about Canada.
Just wondering if the country is worth a trip or not.
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Old May 6, 2019, 5:12 am
  #38  
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Originally Posted by Frenchgirl
Thanks, I know for the USA. I was just wondering if the Canadians will see it at primary inspection.
I already called everyone under the sun (the court clerk, prosecutor's office, the public defender's office, attorney general, the governor etc...)
No one can help. So I've really done everything I could. Hawaii clearly doesn't care one bit about this.
It's not a courtesy that they don't extradite, it's too expensive and as I said, they don't care anyway.
It's just a nuisance for me every time I come to the USA because I waste 2 hours in seconday inspection but I was asking about Canada.
Just wondering if the country is worth a trip or not.
I would expect Canadian border authorities to have the information available to them. Both countries allow each other access to their respective crime information databases. Whether they would care or not and send you to secondary is another question. Further complicating matters is that Canada takes DUI very seriously. If you were convicted of a DUI in a U.S. court and the Canadian Border Services Agency is aware of the conviction you may be denied entry to Canada on that basis.
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Old May 10, 2019, 11:37 pm
  #39  
 
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Originally Posted by MrEcks
Any thoughts on how conflicting legislation will affect this issue: On one hand there is Bill C-46 which aims to classify all DUIs as Serious Criminality, and on the other are moves by the provinces to decriminalize DUI altogether.
it's not quite decriminalisation of impaired driving in BC and Alberta. I think with the new no probable cause screening laws that it's more likely that the federal laws may be modified around the appeal court rulings in 2018.

DUI is completely preventable just as bank robbery is. If someone has been caught, arrested and convicted in the US for DUI it's within another country's right to admit or bar them. I think the US is less than sympathetic the other way as well.

Last edited by ricktoronto; May 10, 2019 at 11:49 pm
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Old May 11, 2019, 5:59 am
  #40  
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The question at hand is how the jurisdiction of conviction treats an offense and then how the jurisdiction to which entry is sought chooses to treat that conviction.
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Old May 11, 2019, 6:40 am
  #41  
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Originally Posted by ricktoronto
If someone has been caught, arrested and convicted in the US for DUI it's within another country's right to admit or bar them. I think the US is less than sympathetic the other way as well.
Where the U.S. is less than sympathetic is with cannabis infractions regardless how minor or how long ago. Canada takes drunk driving more seriously. My brother-in-law, a Canadian, was denied a Nexus because of a drunk-driving conviction 30 years ago. As he tells the story it was the Canadian side that denied his application.
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Old May 15, 2019, 3:03 pm
  #42  
 
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Entry to Canada with DUI over 10 years ago

Please Help!!!

I am traveling to Vancouver on Aug 24, with my wife and 2 yr old son. Back in 2006, I had a DUI conviction in the state of GA. I was sentenced to 6 mo probation, a fine and community service. I completed all that was required back in 2006. A friend recently has told me I will have an issue getting into Canada and should check it out beforehand. I have traveled to Mexico, Australia, England, and all over the Caribbean and South America never with any issues. I have been at my current employment for over 10 years and run a dealer in Atlanta. Please help with what I need to do to make this trip happen we have planned. Any help appreciated.
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Old May 15, 2019, 3:08 pm
  #43  
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This thread may be helpful DWI Entry to Canada - Consolidated Info
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Old May 15, 2019, 3:23 pm
  #44  
 
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Please help!!!


I am traveling to Vancouver on Aug 24, with my wife and 2 yr old son. Back in 2006, I had a DUI conviction in the state of GA. I was sentenced to 6 mo probation, a fine and community service. I completed all that was required back in 2006. A friend recently has told me I will have an issue getting into Canada and should check it out beforehand. I have traveled to Mexico, Australia, England, and all over the Caribbean and South America never with any issues. I have been at my current employment for over 10 years and run a motorcycle dealer in Atlanta. Please help with what I need to do to make this trip happen we have planned. Any help appreciated.
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Old May 15, 2019, 4:10 pm
  #45  
 
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I have started the process of applying for "deemed rehabilitation" through the local consulate here in Indo. I will come back to this thread to update my adventure. So far lots of work collecting all of the various records, and not surprisingly, the Indonesian ones are the most difficult to get my hand on.
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