Traveling Internationally with a DUI Conviction

Having a DUI conviction can result in jail time, hefty fines and a suspended or revoked driver’s license, but in can also affect plans for traveling internationally.

Traveling internationally

Photo by: James Brooks

Those with felonies on their record tend to hesitate before traveling internationally as they likely understand their record can follow them wherever they go. Some countries have stricter policies regarding certain crimes and may not be welcoming to those who have been convicted of driving under the influence, even if the charge is a misdemeanor. Most international travel from U.S. citizens happens across borders, which includes the countries of Mexico and Canada. Being close by and sharing a continent may cause people to assume they can travel there freely with a passport, but that isn’t always the case.

Canada

Canadians are known as being overly friendly but this is not the case to those with a DUI conviction. While a DUI in the U.S. may be a misdemeanor, it could be a felony in Canada. If this is the case, sources note there is could be a 10 year limit that a U.S. travelers with DUI convictions are barred from crossing the Canadian border. For those that wish to visit Canada before that long 10 year limit, according to the Canada Border Services Agency, “Depending on the crime, how long ago it was committed, and how you have behaved since the conviction, you may still be allowed to come to Canada, if you:

• convince an immigration officer that you meet the legal terms to be deemed rehabilitated, or
• applied for rehabilitation and were approved, or
• were granted a record suspension, or
• have a temporary resident permit.”

Mexico

Photo by: jrsnchzhrs

It is a misconception that Mexico is more lax in its policies toward DUI convictions. While Mexico’s policies seem to change frequently, Mexican officials have access to the U.S. criminal database (Interpol). If it will show up on someone’s record in the U.S., it can show up when they try to enter Mexico. While traveling following a misdemeanor DUI conviction usually won’t end in trouble, there have been several people who have been denied entrance to Mexico for a felony DUI conviction on their record. If a felony DUI doesn’t stop someone from entering Mexico, it has the potential to create a hassle for them upon return to the States.

Know before you go

Anyone with a criminal record including a misdemeanor DUI conviction, planning on traveling internationally is encouraged to inquire carefully with the countries they plan to visit before setting off on their travels to ensure they will not face problems during travel. Even if travelers aren’t denied entrance, being held up with immigration officer could be embarrassing and time consuming. For more information, contact U.S. Passports and International Travel.

All Have the Right to a Trial by Jury

Having a trial by jury is a Constitutional right bestowed upon all persons facing jail time with criminal charges.

Sixth Amendment rights

Trial by Jury

Photo by: Frits Ahlefeldt Hiking.org

According to the Sixth Amendment to the Constitution of the United States, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed”.

The default

Although everyone is entitled to a trial by jury, all too often cases are tried by a single judge instead of a panel of peers. Utahcourts.gov states “Depending on the type of action, a case may be tried before a judge (bench trial) or before a jury with a judge presiding. “ The option of a trial by jury is there for everyone, but defendants without proper counsel may be unaware of that right at first and miss their window of opportunity.

Constitutional rights with an expiration

Photo by: Chris Betcher

Photo by: Chris Betcher

A trial by jury is available to those facing jail time due to felonies or misdemeanors; however depending on the charges, this Constitutional right expires if not claimed in a set amount of time. Rule 17 of the Utah Rules of Criminal Procedure explains that:

“(c) All felony cases shall be tried by jury unless the defendant waives a jury in open court with the approval of the court and the consent of the prosecution.

(d) All other cases shall be tried without a jury unless the defendant makes written demand at least 14 days prior to trial, or the court orders otherwise. No jury shall be allowed in the trial of an infraction.”

Trial by jury or judge?

A trial by jury is an option for all defendants facing serious charges, but when is the right time to take advantage of this Constitutional right? Ultimately it is up to the defendant to decide whether a trial by jury is the right call for their case but it is always recommended to be represented by a knowledgeable criminal defense attorney to ensure that the best decision for a trial is made.

Drivers Cautioned of Increased Risk of Auto-Pedestrian Accidents

As thousands of Utah children head to the streets after dark tonight, drivers are cautioned to be extra attentive to the increased risk of auto-pedestrian accidents on Halloween.

Halloween hazards

Photo by: Srdjan Jovanovic

Photo by: Srdjan Jovanovic

Each holiday has hazards that are somewhat distinctive to that holiday alone. Independence Day sees a large amount of accidental fires and burn victims while there is always an uptick of drunk drivers on holidays such as New Year’s Eve. Unfortunately on Halloween there are more auto-pedestrian accidents than any other holiday and most of the victims involved are children.

Increased auto-pedestrian accidents and deaths

A 20 year study by the Centers for Disease Control and Prevention states: “Overall, among children aged 5-14 years, “an average of four deaths occurred on Halloween during [the hours of 4 p.m. through 10 p.m.] each year, compared with an average of one death during these hours on every other day of the year.” According to the CDC, this drastic surge of auto-pedestrian accidents and deaths on Halloween is likely due to these factors:

• Most of the foot traffic is at night compared to daytime when children are usually outside;
• Kids are less likely to cross at crosswalks and will take the fastest route to the next house which can often take them into the roadway on blind corners and between parked cars;
• Many costumes children wear are dark colored making it harder for drivers to see them;
• Children may be too distracted to be aware of vehicle dangers;
• Young trick-or-treaters may be unable to cross the street swiftly enough;
• Masks and other costumes may limit a child’s vision and hearing;
• Young children may not fully understand the danger of cars; and
• Some kids may not realize that they can be hurt, even in a crosswalk.

Criminal charges for drivers involved

Drivers are expected to be extra vigilant when driving on the evening of Halloween. Although most auto-pedestrian accidents are not deliberate, drivers who are involved may end up facing charges for their role, especially if a death occurs. The charges could be both criminal and civil and can range from misdemeanors to felonies, depending on the severity of the incident and whether negligence or impairment was involved. Drivers who are involved in auto-pedestrian accidents are urged to speak with a criminal defense attorney immediately.