Drink Driving Offence & British Naturalization/Citizensh

Hi,

I recently got ILR this year Feb 2012 after 5yrs on HSMP/TIER 1 from (March 2007). I should be applying for naturalization sometime next year March 2013 but lastnite I was pulled over for drink driving and charged. Alcohol intake was recorded as 78mg of breath test.

Now i've been giving a date to appear in court in 2weeks (Aug 2012), which I believe will be banned from driving. While at the police station, I spoke to an independent lawyer who advised that I will get a driving ban between 17-22months and if i offered to attend the drink driving awareness course, will get a reduction of 6months from ban.

Been reading the Rehabilitation of Offenders Act 1974 and states if you do get a fine, the time spent on conviction is 5yrs but if you only have a disqualification, then conviction time spent is the disqualification period.

When i appear in front in court, not sure what to plead for (guilty or not guilty) as i will be giving evidence that i believe my drink was spiked, which is a mitigating factors maybe i can get a reduced ban and also to request i attend the drink awareness course.

Been living in the UK for 14yrs now and never had any criminal/police offence as this is my 1st time/offender and will be giving this as evidence as well to the judge.

Now not sure if a straight ban/disqualification will be appropriate or will I get a fine with the disqualification, which will mean wont be able to apply for naturalization after 5yrs when the conviction will be spent in regards with the fine been included in disqualification.

If i do get convicted, will this affect my present ILR? Although will surely affect my car insurance and if applying for a job which requires i declare any criminal conviction.

Anyone here in the same situation before, please share your experience. I'm thinking a disqualification ban only will be appropriate between the period mentioned above as compared to fine only and will last 5yrs for this to clear as spent conviction.

Do you think, there is also a possibility that i could get off maybe with a warning without been ban/fined considering that i've never been stopped for drink driving or could only get a fine only and maybe points on my license which will allow me to still drive?

Not sure which i should hope for!!!!!

skilachi wrote:Hi,

I recently got ILR this year Feb 2012 after 5yrs on HSMP/TIER 1 from (March 2007). I should be applying for naturalization sometime next year March 2013 but lastnite I was pulled over for drink driving and charged. Alcohol intake was recorded as 78mg of breath test.

Now i've been giving a date to appear in court in 2weeks (Aug 2012), which I believe will be banned from driving. While at the police station, I spoke to an independent lawyer who advised that I will get a driving ban between 17-22months and if i offered to attend the drink driving awareness course, will get a reduction of 6months from ban.

Been reading the Rehabilitation of Offenders Act 1974 and states if you do get a fine, the time spent on conviction is 5yrs but if you only have a disqualification, then conviction time spent is the disqualification period.

When i appear in front in court, not sure what to plead for (guilty or not guilty) as i will be giving evidence that i believe my drink was spiked, which is a mitigating factors maybe i can get a reduced ban and also to request i attend the drink awareness course.

Been living in the UK for 14yrs now and never had any criminal/police offence as this is my 1st time/offender and will be giving this as evidence as well to the judge.

Now not sure if a straight ban/disqualification will be appropriate or will I get a fine with the disqualification, which will mean wont be able to apply for naturalization after 5yrs when the conviction will be spent in regards with the fine been included in disqualification.

If i do get convicted, will this affect my present ILR? Although will surely affect my car insurance and if applying for a job which requires i declare any criminal conviction.

Anyone here in the same situation before, please share your experience. I'm thinking a disqualification ban only will be appropriate between the period mentioned above as compared to fine only and will last 5yrs for this to clear as spent conviction.

Do you think, there is also a possibility that i could get off maybe with a warning without been ban/fined considering that i've never been stopped for drink driving or could only get a fine only and maybe points on my license which will allow me to still drive?

Not sure which i should hope for!!!!!

getting a ban or not is probably what the court will decide but it would surely be a conviction, so u will probably have to have this conviction spent before u apply for naturlization as it is considered a serious offence

Hi,

So do i automatically get a fine even if the court decides a ban or not?

Also is there a likelihood that i could only get points on my license or this option is no longer available?

Lastly, if i do get any ban/fine/points, will i need to call up my insurance company to notify them and will this mean they will cancel my insurance straight away?