UK Law

Hi, I had a court conviction for "driving a motor vehicle…

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Hi, I had a court conviction...
Hi,

I had a court conviction for "driving a motor vehicle otherwise than in accordance with a licence" 3.5 years ago. It was written on my Counterpart Driving Licence with the Convicting court code, date of conviction, offence code, fine amount and penalty points which is 3.

I am planning to apply for ILR in a month's time with... Read full answer
Hi,

I had a court conviction for "driving a motor vehicle otherwise than in accordance with a licence" 3.5 years ago. It was written on my Counterpart Driving Licence with the Convicting court code, date of conviction, offence code, fine amount and penalty points which is 3.

I am planning to apply for ILR in a month's time with the same day service.

The reason of the conviction is as follows:

I drove to the driving test centre by my own and the driving instructor saw me parking by myself. Then I entered the driving test centre to start my driving examination. The instructor took me to the police and police fined me with 3 points and 120 pounds, and I immediately accepted it and paid. But still there was court conviction. My aim was to get a driving licence but I did not know that I had to come to the driving centre with a friend who has 3 years licence.

All the above information was already captured in the police report exactly same as above.

Will this conviction affect my ILR application?

Regards.
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Answered in 13 minutes by:
11/22/2012
UK_Lawyer
UK_Lawyer, Solicitor
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Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE.

 

Could you confirm that you went to court and were convicted?

 

Kind regards

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Customer reply replied 6 years ago

I did not physically go to court. But I received some documents from Richmond Court and filled out some details asking my income, whether I have a lawyer to represent me or not. In that form, the Case Number XXXXX Date of Hearing (9th Of August, 2009) was written as well.


 


Then I received a "Notice of fine and collection order" at 10th of August, 2009 which was £205.


 


I paid the fine immediately, but actually I am not sure whether this is a criminal conviction or not.


 


On my counterpart driving licence, the convicting court code and the other details are clearly written under Endorsements section.


 


This might be just a "Traffic conviction/court fine", not a criminal conviction, but I am not sure.


 


I have all the documents from the court and police; I scanned them as well and collected all of them in one pdf file.


 


If you want, I can send this pdf document to you so that you can examine.


 


But I do not know how to attach files within justanswer.com web site.


 


Regards,


 


Kemal.

Thank you for your reply.

 

The definition of a conviction is the outcome of a criminal prosecution which concludes in a judgment that the defendant is guilty of the crime charged. The juncture of a criminal proceeding during which the question of guilt is ascertained.

 

In a case where the perpetrator has been adjudged guilty and sentenced, a record of the summary proceedings brought pursuant to any penal statute before one or more justices of the peace or other properly authorized persons.

 

The terms conviction and convicted refer to the final judgment on a verdict of guilty, a plea of guilty, or a plea of nolo contendere. They do not include a final judgment that has been deleted by a pardon, set aside, reversed, or otherwise rendered inoperative.

 

So provided you did not attend court and please guilty or not guilty and only got served with a fine without the need to attend court then it would not be a criminal conviction, and you may apply for your ILR.

 

If you did attend court then the conviction must be spend before you submit your application for ILR:

 

http://www.homeoffice.gov.uk/agencies-public-bodies/crb/about-crb/what-we-do/rehab-offenders-act-1974/

 

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

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Customer reply replied 6 years ago

Hi,


 


I did not physically go to court. But the court sent me documents which clearly shows the Case Number XXXXX Date of Hearing (9th Of August, 2009). Even if I did not attend to court, the court had made an action about my case at the date of hearing and sent a notice of fine and collection order.


 


In this case, because the court listened my case and had action even if I was not physically there, according to your definition, this appears to be a criminal offence/conviction. FYI, I accepted my guilt in writings while filling out the court form and because of that, I was fined by £205.


 


Am I misunderstanding? Do you still believe this is not a criminal conviction but just a court fine?


 

Thank you for your reply.

 

If you did plead guilty then yes it would be a criminal conviction for which you will need to wait until it is spent. You can find out when your conviction will be spent by using the link I provided in my previous answer.

 

Unfortunatley it seems that you will need to wait before submitting an application for ILR.

 

I hope this clarifies the matter, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

UK_Lawyer
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