Spouse got a dui.

[Gladmin]

Do you guys think theres a chance that his charges will be reduce, he has a clean criminal record and clean driving record.

 

[scylla]

Do you guys think theres a chance that his charges will be reduce, he has a clean criminal record and clean driving record.

We can't tell you that. He needs to be working with a lawyer.

 

[Gladmin]

So what exactly happened then did he get any sort of ticket

They handcuff him and took him to the station. They didnt took his fingerprint or whatsoever. The police dropped him home cuz Just this week he had a court and they found him.not guilty, and he has another court on nov.

 

[spousalsponsee]

They handcuff him and took him to the station. They didnt took his fingerprint or whatsoever. The police dropped him home cuz Just this week he had a court and they found him.not guilty, and he has another court on nov.

If he was found "not guilty", why does he have court again in a month? Was he charged with two separate things? Was the first hearing actually looking at guilt/innocence?

 

[Gladmin]

If he was found "not guilty", why does he have court again in a month? Was he charged with two separate things? Was the first hearing actually looking at guilt/innocence?[/QUOTE
He wasnt charged with anything else. He said its a pre trial and in a month its his trial.

 

[spousalsponsee]

He wasnt charged with anything else. He said its a pre trial and in a month its his trial.

OK. So he hasn't been found not-guilty of anything, so far he's just presumed innocent.
I'm sure the two of you have a criminal lawyer and are working on it. You do need to inform IRCC about the arrest & trial, because even if he's found not guilty at the trial, being arrested (even if nothing happens) is something IRCC need to know about. It will delay things (basically, put it on hold until November), but there would be nothing worse than getting through the trial (either not guilty, or pleading down to a lesser charge), immigrating, and then getting done for misrepresentation for not telling them it was going on!

 

[Gladmin]

OK. So he hasn't been found not-guilty of anything, so far he's just presumed innocent.
I'm sure the two of you have a criminal lawyer and are working on it. You do need to inform IRCC about the arrest & trial, because even if he's found not guilty at the trial, being arrested (even if nothing happens) is something IRCC need to know about. It will delay things (basically, put it on hold until November), but there would be nothing worse than getting through the trial (either not guilty, or pleading down to a lesser charge), immigrating, and then getting done for misrepresentation for not telling them it was going on!

His lawyer is going to talk to the immigration lawyer. His lawyer knows that he got his aor and all

 

[bafonso]

I know more than one person that got a DUI and a lawyer managed to not have it filed in the end as a DUI. This was costly (3-5k) for lawyer fees but the upshot was that it did not jeopardize their green card applications. In this case, it means you may be still able to get Canadian PR. This is absolutely a no brainer to get a lawyer with a track record of being able to reduce to non DUI final charge. The odds are not bad given a clean track record. But of course, it all depends on how much alcohol he had when he was tested. Breathalyzers are actually not as accurate as blood work so there is some leeway if we're not talking about massive amounts of alcohol...

It's not clear to me why he would have more than one court appearance, maybe there's more to this.

 

[Gladmin]

I know more than one person that got a DUI and a lawyer managed to not have it filed in the end as a DUI. This was costly (3-5k) for lawyer fees but the upshot was that it did not jeopardize their green card applications. In this case, it means you may be still able to get Canadian PR. This is absolutely a no brainer to get a lawyer with a track record of being able to reduce to non DUI final charge. The odds are not bad given a clean track record. But of course, it all depends on how much alcohol he had when he was tested. Breathalyzers are actually not as accurate as blood work so there is some leeway if we're not talking about massive amounts of alcohol...

It's not clear to me why he would have more than one court appearance, maybe there's more to this.

I dont know why hes going for another court day.... but he said he might be charge for driving recklessly.. but is he still inadmissible to enter ?

 

[bafonso]

I dont know why hes going for another court day.... but he said he might be charge for driving recklessly.. but is he still inadmissible to enter ?

Depends if he's convicted. Dangerous driving is definitely a no no.

See http://www.cic.gc.ca/english/information/inadmissibility/conviction.asp

 

[canuck_in_uk]

I dont know why hes going for another court day.... but he said he might be charge for driving recklessly.. but is he still inadmissible to enter ?

How can you not know why he has to return to court? You should know exactly what is going on with his legal situation.

 

[spousalsponsee]

How can you not know why he has to return to court? You should know exactly what is going on with his legal situation.

This is a great example of how giving second hand suggestions is impossible - OP initially claimed there had been no arrest, now we learn there are multiple charges out of this event, which may or may not cover various things!

 

[Gladmin]

This is a great example of how giving second hand suggestions is impossible - OP initially claimed there had been no arrest, now we learn there are multiple charges out of this event, which may or may not cover various things!

He said it was just a pre trial. And the trial will be next month to see what are his punishments are. But pre tr

 

[Gladmin]

He said it was just a pre trial. And the trial will be next month to see what are his punishments are. But pre tr

Pre trial he already found npt guilty. And he said he is for sute will.be charge of reckless driving.

 

[M.steele]

Pre trial he already found npt guilty. And he said he is for sute will.be charge of reckless driving.

As per the above link posted by barons a dangerous driving charge/conviction will make him inadmissible to Canada. You will have to look at what will be needed in order to make him admissible again.