Hi,
I am looking to apply for Naturalisation but found myseld in tricky situation and would appreciate any advice.
Basically, I was stopped by the police in April 2015 for driving without insurance. I was under the impression that I was insured but it turned out that my friend, who was a main driver, had cancelled insurance because we weren't using the car as it was in the garage with some serious problem and he forgot to tell me when he cancelled the insurance. The car was in the garage for a couple of months and when it was finally fixed I collected it from there unaware of the fact that it is not insured anymore and shortly afterwards was pulled over by the police. I've explained the situation to them and they were sympathetic and decided not to seize the car or give a fixed penalty notice on the spot and instructed me to go to the police station the next day with the insurance certificate. I went to the police station with new insurance certificate and they asked me to sign in the journal saying that i am being warned or cautioned. I had no idea what a caution means and asked the officer what are the implications of getting a caution and she assured me that it is nothing to worry about and it is not going into my criminal record and will not have negative impact on my naturalisation application. So I sign it and left the station believing that I had a lucky escape and went about my business. Almost 4 months later in August 2015 I received a Summons to Magistrate Court for driving uninsured and now awaiting a case hearing.
Can anyone advice me how should I deal with this situation. I can plea guilty and if my “special reasons” accepted by the court, the court might exercise its discretion not to endorse my license with penalty points and impose no fine. But wouldn't it still be considered as a spent conviction, since I pleaded guilty?
And would not I fail a good character requirement and get my application refused because of that?
If I plea not guilty and lose the case will I not have a conviction on my record because I I've been to court or because I was cautioned in April for the same reason?
Is it normal to be given a caution and taken to the court at the same time? Isn't a coution enough penalty itself for one offence?
Apart from this unfortunate situation I have a clean driving licence and clean criminal record and never been in any trouble with the law and would not knowingly jeopardise my chances of becoming a citizen. I was hoping to naturalise now after being in the UK for almost 10 years and having ILR for 3 years now but after reading this forum I am not sure of my chances when I apply.
Apologies if I am being incoherent as english isn't my first language.
Thanks in advance for any advice
Lamberd
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