DUI Pardon - Can speeding tickets lead to Pardon rejection

DUI Pardon: Can speeding tickets lead to Pardon rejection?

DUI Pardon:  Can speeding tickets lead to Pardon rejection?
  • When you apply for a DUI Pardon, can speeding tickets lead to DUI pardon rejection?
  • And the answer is, maybe.
  • That’s what I’m going to cover in this video.
  • I’m Dan Joffe. I am a Canadian Pardon and Travel Waiver lawyer at NextLaw.
  • Let’s get started.
  • The Parole Board of Canada is the government body responsible for granting DUI Pardons, now called DUI Record Suspensions.
  • When the Parole Board of Canada reviews your DUI Record Suspension application, they will follow the eligibility criteria set out in the legislation.

DUI Pardon Eligibility

  • To be eligible for a DUI Pardon in Canada, you need to meet 3 basic criteria.
  • Criteria #1. You must have completed your sentence related to your DUI conviction. That includes paying all fines.
  • Criteria #2. You must have completed the waiting period. Your waiting period can be 3, 5 or 10 years from the date of the completion of your sentence.
  • And, criteria #3. You must be of good conduct.

Good Conduct Assessment is Subjective

  • Now criteria #1 and criteria #2 are objective.
  • In other words, you either have completed your sentence or not.
  • And you either have completed your waiting period or not.
  • However, criteria #3, whether you have been of good conduct, is subjective.
  • And the question is, will speeding tickets, or any other traffic tickets, lead the Parole Board of Canada to conclude that you are not of good conduct and, therefore, not eligible to get a DUI Pardon.
  • And the answer is, maybe. 
  • Let me explain.

How Traffic Tickets Lead to Pardon Rejection

  • The Parole Board of Canada defines good conduct as behaviour that is consistent and demonstrates a law-abiding lifestyle.
  • To answer the question of good conduct, they will consider all relevant factors regarding your DUI Pardon application.
  • That includes information from the police, the courts, and government and non-government sources.
  • And the Parole Board of Canada will consider all your traffic violations, including speeding tickets, in their evaluation of good conduct.
  • Although traffic infractions, including speeding tickets, are not criminal, they are considered.
  • So if you have speeding or other traffic violations, the Parole Board of Canada may be concerned that your infractions, when viewed in conjunction with your earlier DUI conviction, may suggest a continued pattern of poor judgement when operating a motor vehicle.
  • As a result, the Parole Board may conclude that your behaviour since your DUI conviction may not be reflective of good conduct.
  • If that happens, the Parole Board will notify you that they intend to refuse your DUI Record Suspension Application.
  • At that time, you will then have an opportunity to respond.
  • To avoid rejection of your DUI Pardon in Canada, you may want to proactively address your traffic violations to frame your good conduct assessment.
Can Speeding Tickets Lead to DUI Pardon Rejection in Canada?

It's possible. The Parole Board of Canada, responsible for granting DUI Pardons, evaluates the good conduct of applicants. The Board considers all relevant factors, including traffic violations, in its assessment. Although not criminal, speeding tickets and other traffic infractions may raise concerns about a pattern of poor judgment when operating a motor vehicle. This may result in the Board concluding that the behaviour since the DUI conviction is not reflective of good conduct and rejecting the DUI Record Suspension application.

What is Good Conduct for a DUI Pardon Application in Canada?

Good conduct, as defined by the Parole Board of Canada, is behaviour that is consistent and demonstrates a law-abiding lifestyle. The Board considers all relevant factors in evaluating good conduct, including information from the police, the courts, and government and non-government sources. All traffic violations, including speeding tickets, are considered in the assessment. To avoid rejection of the DUI Record Suspension application, you may want to proactively address any traffic violations to present a positive good conduct assessment.

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Dan Joffe, Partner, NextLaw - US Waiver Services & DUI
Your ability to keep get a better job, travel or Immigrate to Canada depends on a proper Record Suspension application. Our law firm can change everything. Let’s discuss – FREE!
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Your ability to keep get a better job, travel or Immigrate to Canada depends on a proper Record Suspension application. Our law firm can change everything. Let’s discuss – FREE!

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Dan Joffe, Pardon Lawyer

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

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Disclaimer

Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.