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Naturalisation and traffic offences
Posted: Thu Nov 24, 2011 8:13 pm
by joshtr81
I was caught driving without a licence as I was in a hurry, I didnt hurt anyone or was I speeding etc.
I still have not heard about any possible sanctions, so am getting worried about wether this will affect my naturlaisation application?
Many thanks!
Posted: Thu Nov 24, 2011 8:16 pm
by geriatrix
When did the incident happen? When do you become eligible to apply?
Posted: Thu Nov 24, 2011 8:17 pm
by joshtr81
incident happened 2 months ago, but still heard nothing about it.
I think I can apply around february time.
Posted: Thu Nov 24, 2011 8:20 pm
by geriatrix
Explain what happened when you were "caught"?
Posted: Thu Nov 24, 2011 8:27 pm
by joshtr81
I was running late for an appointment and I decided to drive even though I only had a provisional. I was pulled over, and they asked me if I had a licence, I was honest and said no. (I am unsure why I was pulled over? Maybe they could see I was not the owner of the car?) the car was my wifes (british citizen). She was teaching me to drive. They impounded the car and they took me home to drop off the things from my car, and I have heard nothing since.
Posted: Thu Nov 24, 2011 8:28 pm
by joshtr81
I have indefinate leave to remain.
Posted: Thu Nov 24, 2011 8:51 pm
by geriatrix
"I was caught driving without a licence" is not the same as "I was caught driving without proper L plate on the car" or "I was caught driving on a provisional licence without supervision by someone authorised to supervise" or "I was caught driving without a provisional licence in my possession and driving without proper supervision".
A statement "I was caught driving without a licence" would convey that you were driving without being issued "any licence" that authorises you to drive in the UK - provisionally / fully / temporarily.
The officer must have told you why the car was being impounded and under what section? They must have issued a receipt when impounding the car - detailing the same information. Or did they just drive away with your car just like that?
Is the car still impounded? If not, how did you get it released? Were you - the driver - issued an FPN or a notice or something similar?
If you need accurate feedback, you need to be specific about the problem and provide sufficient details.
Posted: Thu Nov 24, 2011 8:57 pm
by joshtr81
I am unsure which problem I was 'caught' under. I believe it was driving without l plates. I did have insurance (but only with someone with me which I did not know!).
They did just take my car and drove me home. I did not pick it up, as could not afford to do so (that was my wifes decision).
I didnt get any paperwork at all, the police brought me home, and that, so far, is the last I have heard about it.
Posted: Thu Nov 24, 2011 9:14 pm
by geriatrix
joshtr81 wrote:They did just take my car and drove me home. I didnt get any paperwork at all, the police brought me home, and that, so far, is the last I have heard about it.
Strange! Sure it was the police and not someone in a uniform resembling that of police?
Best that you contact the police to enquire what is happening regarding your case. If they say that the matter is closed and you have not been charged with any offence then you have nothing to worry. If they tell you that it is "work in progress" then you'll need to be patient to hear from the police / court.
Posted: Thu Nov 24, 2011 9:18 pm
by joshtr81
It was undercover police....
I just want to know how a conviction/sanction like this could affect naturalisation...not wether or not i shall get prosecuted for it.
Posted: Thu Nov 24, 2011 10:35 pm
by geriatrix
Unless you can figure out whether you have been or will be charged with an offence, you cannot (nor can anyone else) know whether you'll be convicted for it. At this point, you don't even know if you have been charged of an offence (e.g. - LC20).
Only an offence may lead to a conviction. Only unspent convictions or more than one FPN in 12 months preceding the application matter.
joshtr81 wrote:I just want to know how a conviction/sanction like this could affect naturalisation...
See also
9. Good Character and
Annex D: The good character requirement.
Posted: Tue Dec 20, 2011 12:53 pm
by geriatrix
joshtr81 wrote:Hi all,
I was 'caught' driving alone on my provisional licence a few months ago. (I did not hurt anyone/was doing nothing wrong, I was pulled over for no reason).
I did not hear anything, until a few days ago when I got a letter from the DVLA telling me to send my licence back. I have done this, I had to call a lot of people to find out what had happened. Unfortunately, the courts had sent to papers (summons/convictions) to the wrong address (wrong house number!) so I was not aware of court date so could not attend!
My licence will be endorsed with 3 points for LC20 (not driving in accordance with the licence) and I also received a £175 fine plus £100 court costs.
They advised me that I could make a statutory declaration and get another court date, but this was not advisable as the fine/penalty could be worse, so I decided to pay the fine.
I am looking to apply for naturalisation early next year, and would like to know if this will effect my application.
I see on the UKBA website that they will dis regard a minor offence (minor offences are classified in law as being a summary offence - can only be tried in a magistates court, which I believe this to be?) when there has been a 'relatively small fine'.
What do the UKBA class as a small fine? is it relative to the offence/pocket???
I know there is perhaps no hard and fast answer, but any views on this would be greatly appreciated.
Many thanks.
Posted: Tue Dec 20, 2011 1:08 pm
by joshtr81
Thanks, sorry I could not find it. I have now seen how to find old posts. Many thanks for adding it into this one.
Do you think that this is going to have an effect on my application?
Posted: Tue Dec 20, 2011 1:18 pm
by geriatrix
You need to determine if the fine (and points) have been issued against a court order (e.g. - in absentia) or as a result of just a FPN. If the former, there is no escape but if the latter then just one FPN in 12 months preceding the application should be disregarded.
Posted: Tue Dec 20, 2011 2:20 pm
by joshtr81
Thanks, it was a court fine..so 5 year rehabilitation. seems like a long time. Thanks for your help.
Posted: Tue Dec 20, 2011 3:33 pm
by joshtr81
An fpn cannot be issued in court, so must be a court order!
Posted: Sat Jan 28, 2012 12:07 am
by joshtr81
Hi, the fine was reduced to £30, which is a relatively small fine, so there could be hope do you think?
Posted: Wed Feb 22, 2012 8:09 pm
by ttyeyi
joshtr81 wrote:Hi, the fine was reduced to £30, which is a relatively small fine, so there could be hope do you think?
How did u reduced ur fine? Did u write the court an explanation?
Last month, I was driving with a provational licents, caught by police.
