Driving Conviction

[Tonish]

Hi there

I have a question about a speeding offence and whether or not it means getting a Visa. My wife has a conviction for speeding obtained a year or so ago. For lots of complicated and frustrating reasons, she didn't have the option to pay a fixed penalty and take the points, it went to court,she was fined and got three points on her licence.

I suppose I've got a couple of queries here:

1. She wasn't arrested, so that looks good re the visa waiver scheme?

2. I don't know whether a speeding conviction is classed as a criminal conviction or not. (Probably just wishful thinking on my part). If it is, then it looks like she will need to apply for a Visa, which leads to another couple of questions:

3. How long does it take?

4. Does she have to go for an interview?

5. Has anyone been declined a Visa on the basis of a speeding conviction?

6. Will it affect cost of car hire?

It's all complicated by the fact that she actually had a Visa about 10 years ago, which has now expired although we've been to the States many times since then on the waiver scheme.

I daresay these questions have been answered many times on this forum before, but I'd really appreciate it if you can help.

Tonish

[Nostromo]

I had 6 points on my licence for speeding (a professional hazard, I'm afraid[V]) when I went to Florida last year. I rang the American Embassy well in advance to check if I could use the VW scheme and they told me that I could do so as long as there was no arrest - which there was not. The guy at the Dollar also looked at it but said nothing. So, I guess speeding points got through the usual 'fixed penalty' scheme are all right.

[brazie]

Tonish,

My husband got a speeding conviction a couple of years ago and it went to Court because the Policeman was unable to issue an on the spot fine. No arrest was made.

As it went to Court he now has a conviction (points and fine) and requires a US Visa.

I phoned up the US embassy and they advised us as it went to Court he has a criminal conviction. Best to call the Embassy 09055-444-546 (£1.30 per minute).

Every person (unless 80 or over or under 14) needs to attend either London or Belfast for an interview before a Visa will be issued. The timings will depend on where you want to go. When you phone them they will advise you when the next available appointment is. They will also advise that it can take up to 16 weeks to process a Visa application.

When you are at the appointment the Embassy will let you know how long it will take for you to receive your Visa, if successful. Ours took 3 weeks all together, 2 weeks until appointment, 1 week to get the Visa.

Before you make the appointment make sure you have all the paperwork for the application.

Embassy website - www.usembassy.org.uk/cons_web/visa/niv/apply.htm and http://www.usembassy.org.uk/cons_web.../interview.htm

[Robert5988]

<blockquote id="quote" class="ffs">quote:Tonish,

My husband got a speeding conviction a couple of years ago and it went to Court because the Policeman was unable to issue an on the spot fine. No arrest was made.

As it went to Court he now has a conviction (points and fine) and requires a US Visa.

I phoned up the US embassy and they advised us as it went to Court he has a criminal conviction. Best to call the Embassy 09055-444-546 (£1.30 per minute).

Every person (unless 80 or over or under 14) needs to attend either London or Belfast for an interview before a Visa will be issued. The timings will depend on where you want to go. When you phone them they will advise you when the next available appointment is. They will also advise that it can take up to 16 weeks to process a Visa application.

When you are at the appointment the Embassy will let you know how long it will take for you to receive your Visa, if successful. Ours took 3 weeks all together, 2 weeks until appointment, 1 week to get the Visa.

Before you make the appointment make sure you have all the paperwork for the application.

Embassy website - www.usembassy.org.uk/cons_web/visa/niv/apply.htm and http://www.usembassy.org.uk/cons_web.../interview.htm
[/quote]

Gail,
I am sorry that is wrong.

The regulations on the Visa Waiver scheme specifically exempt minor traffic convictions such as speeding etc. You require to have been arrested.

For a speeding offence, it makes no difference if you receive a on-the-spot fine, or are sent a notice of intent to prosecute in the post, and plead guilty by letter or attend court. You are still convicted but that does not mean you have to obtain a Visa. You can still use the Visa Waiver scheme.

So many people read these threads and get themselves worried sick about the mis-information that is posted.

If that indeed is what you were told by the Embassy they are wrong. Could not there have been a mis-understanding on either side?

[Robert5988]

In amplification of the above post about minor traffic offences NOT preventing travel under the Visa Waiver scheme the relevant US Embassy website is:

http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

To save you looking it up the relevant wording is:

<blockquote id="quote" class="ffs">quote:Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified.
[/quote]

[Nostromo]

Robert, I wonder if there is an additional clause here. Tonish says that his wife "did not have the option of a fixed penalty fine" and so had to go to court to settle the matter. I don't know what her "complicated and frustrating reasons" were, but am trying to read between the lines. If, say, a person was sent the option of a fixed penalty but was unable to pay it within the stipulated 28 days because of an uninformed address change or being on holiday, would that count as an additional offence (so become more than just a 'minor' one) and compromise eligibilty for VWS? Just asking.

[Robert5988]

<blockquote id="quote" class="ffs">quote: Robert, I wonder if there is an additional clause here. Tonish says that his wife "did not have the option of a fixed penalty fine" and so had to go to court to settle the matter. I don't know what her "complicated and frustrating reasons" were, but am trying to read between the lines. If, say, a person was sent the option of a fixed penalty but was unable to pay it within the stipulated 28 days because of an uninformed address change or being on holiday, would that count as an additional offence (so become more than just a 'minor' one) and compromise eligibilty for VWS? Just asking.[/quote]

Hi Nostromo,

My reply was directed at Gail(Brazie) and her flat statement that:

<blockquote id="quote" class="ffs">quote:As it went to Court he now has a conviction (points and fine) and requires a US Visa.[/quote]

Both Gail and Tonish stated that no arrest had been made, the offence was speeding, and the penalty was a fine and deduction of points. (only 3 points in Tonish’s case)

Now you and I have had a conviction for speeding; I use the term ‘conviction’ advisedly. Neither of us went to court, but it was our right to do so if we had so wished. Had we attended court and been found guilty we would still have the same conviction for a minor traffic offence(albeit the fine is often larger). This is no different to the convictions for the spouses of Gail and Tonish.

The regulations are absolutely clear and, unless an arrest was made, a conviction for a minor traffic offence does [u]not</u> disqualify you from using the Visa Waiver scheme and you do not need a Visa.

Robert

[Tonish]

Nostromo is spot on - the problem was she had a Northern Ireland driving licence which she had not changed to an English one since moving house. Apparently the police can't put penalty points on a NI licence. She had to renew her driving licence with the new address, cancel it, get an English one and submit that for the points. Unfortunately, her proof of ID needed to get the driving licence in England was her passport, which was out of date, so....what with all the complications, she couldn't sort it out in time to avoid a court case. (All for doing 56 in a 50 zone).

I had agreed with Robert, wasn't entirely sure that a speeding conviction actually counted as a criminal conviction, hence my query.

However, thanks everyone for the comments. I've spoken to the embassy and they were adamant - got to get a Visa. "Yes, but she wasn't arrested" I said, "It says arrested OR convicted" I was told, "and as she's got a conviction, you need a Visa".

When I tried to make an appointment for the interview, I was told my wife had to get a Memorandum of Conviction from the court the case was heard in before she could make an appointment.

I don't know. It's enough to make you think twice about speeding. Fines, penalty points, criminal record, visa problems, hassle all round. Now I'm completing the Visa application form (thank you Gail)and it wants the date of her Visa friom 10 years ago or so. Of course we can't find her old passport and they have told me they can't take the form without the date! I suppose I'll be charged extra for the car insurance when we get there as well.

Tonish

[amy]

To clarify, all speeding offrnces cannot ne dealt with by means of the fixed penalty scheme, ie; if you where doing 55mph in a 30 mph zone,or had more than 9 penalty points on the licence you would be outside the scope of the scheme and would have to be reported for summons to attend at court(or plead via letter).

Which ever way you where dealt with you are still eligable for the visa waiver.

There are very few cases when speeding alone would lead to an arrest.

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by Tonish
However, thanks everyone for the comments. I've spoken to the embassy and they were adamant - got to get a Visa. "Yes, but she wasn't arrested" I said, "It says arrested OR convicted" I was told, "and as she's got a conviction, you need a Visa".
When I tried to make an appointment for the interview, I was told my wife had to get a Memorandum of Conviction from the court the case was heard in before she could make an appointment.

Tonish

Now you and I have had a conviction for speeding; I use the term ‘conviction’ advisedly. Neither of us went to court, but it was our right to do so if we had so wished. Had we attended court and been found guilty we would still have the same conviction for a minor traffic offence(albeit the fine is often larger). This is no different to the convictions for the spouses of Gail and Tonish.

Robert

[/quote]

Robert, the highlighted part of Tonish's statement seems fairly definite. At the same time, I believe you are quoting correctly about the difference between 'arrest' and 'conviction'. Therefore, I read the overall situation like this. Please comment.

You (I assume) and I accepted the offer of a fixed penalty, paid it and got the penalty points on our licences. But we did NOT challenge the police statement and go to court (even though we had that choice). Now I know that people who have done that in the past have actually had their penalty increased by the court. Therefore, can it be that we, having paid the fixed penalty, were not considered as having been convicted but would have been had we gone to court? But Tonish's wife had to go to court for the reasons described by him and so is now in a position where she cannot use the WVS unlike you and I.

What do you think?