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Traveling to Canada in June with family. Brother has pending Dui case in Virginia-lives in NH. Can he get in?
Anonymous3 views3 answers
Pending case is May, however now thinking about pushing out so he is not denied entry. Looking at Canadian border rules thinking he should just try and get temp visa, but unsure if he can get by June. If this is not even in the border system maybe he will not get denied .Looking for info. Fyi first offense, was visiting daughter at VT who was meeting him to drive him across the street to hotel. Someone called and cops pulled up behind as soon as he started car to warm-up, cuffed him and took him away with college daughter just arriving to drive him. Phone records show this, He is not a drunk and great father, would have been nice if Front desk clerk would have asked if he was all set before calling cops after he walked out. He did not even drive. Group of us going to do a triathlon.
As a criminal defense attorney working in a firm that practices in both Maryland and Virginia, I think you need to consult a Va dui atty who works near VT. I don't think travel should be an issue on just an open charge.However., the case does show in the criminal justice system as of now.
In Virginia, you can get convicted of DUI for being in actual, physical control of the car. If he got behind the wheel and turned the car on, this meets the elements for a DUI in Virginia. As for traveling to Canada, he may want to consult an immigration attorney to make sure he will not have issues leaving or reentering the country.
A pending DUI is a bar to entry into Canada. Canada is likely to find the pending charge because they have full access to our criminal and motor vehicle records at the border. You friend should seek a Temporary Resident Permit from Immigration Canada. He would benefit from the assistance of Canadian immigration counsel. If you click on my photo with this post it will take you to my site. On that site is a legal guide I wrote on DUI and traveling to Canada.
