Driving Licence and Naturalisation

[RAJ2007]

My friend is due to apply for naturalisation begining of September. Now recently he passed the driving test and started driving. Two weeks ago he unfortunately drove on the wrong side of a roundabout and was involved in a car accident. the police was involved and they told him that they will inform the court and he needs to attend the court after she receives summon from the court. He is now waiting for the court summons. He is living in this country for more than 10yrs, highly qualified,works full-time and has never been involved with police and has always been a law-abiding resident.

Now when he applies for naturalisation would this be considered as a minor offence? I have read the ukba guidance notes. Not sure. Also, if in the meantime he does not receive the summon before he applies, could he apply for naturalisation explaining the situation.

What do you all suggest?

[f2k]

I think a lot will depend on what exactly your friend will be charged with. e.g if he is charged with say 'Dangerous Driving' (DD40), then it will probably be considered a serious offence and of course the sentence. (that is assuming he is convicted)

The problem your friend will probably have is that not only did he drive on the wrong side but also caused an accident so me thinks the police will throw the book at him

[RAJ2007]

f2k,

The police officer told him that he will put the charge for Driving without due care and attention and he also told him that for his he might get fine and 3 points on his licence, it depends on the magistrate.

1. In this situation do you think he will get CD10?

2. If CD10, would there be any problem to get BC?

3. Since the incident happened two weeks ago, and he is due to apply in Sept, do you think he should until he gets the summon? Does he needs to wait until the court gives a verdict on his case before he apply?

4. How long does it take to get the summon?

[f2k]

To be honest i have no idea how long it will take for him to receive his summons. Was he given a ticket or a 'notice of intention to prosecute, or charged even. i think if no then you could probably apply, not sure what will happen if he does recieve the summons before his case is dealt with. I suspect though that by september he should have received the summons and if not then i suspect it wont be coming anymore.

The guidance notes do say caseworkers should not disregard 'offfences which would consititute recklessness' see 3.2.5 , i dont know for sure but Driving without due care and attention may very well fall in that category

[Wanderer]

Going the wrong way around a roundabout is dangerous driving personified in my book; someone could have been killed.

The can be no excuse for it, it's plain stupidity and the driver will hopefully lose their licence.

[RAJ2007]

@wanderer - he didn't go all the way around the round about. He has recently got the licence and he was very tensed. At the roundabout (as he told me) he instead of going left he turned right. Straighaway he realised the mistake, but by that time a car hit his car. The police officer realised that it was a mistake and therefore told him that he will receive summon (driving with due and attention). I don't think this is same as Dangerous Driving (i.e. with intention). Many people make many mistakes in their life, at the same time poeple learn from their mistakes.

@f2k- The police officer didn't give him any notices. PO gave him a small piece of form and which states he needs to submit a copy of Driving Licence, MOT and Insurance Document, which he has already done. PO didnt gave him any other papers. What do you think, if he does not receive summon by end of August, could he take it that the police has not registered the case at the court? Is there anyway he could check (internet) to find out whether police has submitted any case against him in the court before he applies for naturalistion?

[jimbo_uk]

@RAJ2007

I believe that when applying for Naturalisation you must inform UKBA of any possible impending prosecutions. If you are charged after you apply (but before you are naturalised) UKBA would still need to be informed.

As for the charge itself, generally a 'court given fine' will exclude an application from being successful. There are some exceptions such as being stateless. A magistrates fine counts as a court fine.

Minor fines/offenses are those that are not dealt with in court (such as a parking ticket or a fixed penalty notice)

I'm not one to judge their driving, I do think the rules about court fines and naturalisation are harsh.