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Spent driving offence-travelling/driving in America.


Spent driving offence-travelling/driving in America.

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BenS
BenS
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Hi Pebbles,

He should tick NO to the question about arrests/convictions. The vague "moral turpitude" question has now changed to asking if you have been arrested/convicted for "a crime that resulted in serious damage to property, or serious harm to another person or government authority". Driving without insurance obviously is not one of those crimes.

See more here: https://hub.unlock.org.uk/knowledgebase/travelling-to-america-usa-simple-guide/

Also, Unlock still has a section on the old moral turpitude question, listing offences which are far more serious than driving without insurance but that are not crimes of moral turpitude: https://hub.unlock.org.uk/knowledgebase/travelling-to-the-usa-the-esta-form-and-moral-turpitude/

If forums/testimonies are to be believed, people with far more serious convictions, including with jail time, have got into the USA no problem when ticking "no" on the form. The US has no access to the PNC and can only request access on an individual where they have good reason to suspect that the person is a threat to their security. You/he can rest easy.
BenS
BenS
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I would be astonished if a car-hire company had the technology and authority to go and check criminal records or driving records on a foreign driver. If nothing is written on his counterpart driving licence, I can't see a problem. Also, be aware that 99% of countries have no such thing as a counterpart driving licence - only the plastic part that's the size of a credit card. I have hired a car many times abroad and when I give them my plastic licence and the paper part, they either completely ignore the paper or look puzzled and give it back to you as if you've given them something irrelevant.
dannys
dannys
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"He has a driving with out insurance conviction but that is spent this year."

US don't accept the concept of "spent", however, as driving without insurance isn't a CiMT (something the question on ESTA still refers to), there is no problem in answering 'no' to the question on ESTA.

Moral turpitude has been defined as an

"act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man."

Now, forgetting (accidentally or deliberately) to insure a motor vehicle doesn't come close to that. There is also no cases that I can find that has defined driving without insurance to be moral turpitude.

If, in the very unlikely event, CBP ask him if he has ever been arrested when he arrives in the USA, that's a different question, and the answer would be "yes". Although there is no consequence as he can still use the VWP.

Post Edited (dannys) : 08/05/2016 13:51:27 (GMT+2)


Pebbles
Pebbles
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Hi, so I'm speaking on behalf of my future husband.

We are getting married next year and we'd love to travel the west cost USA for our honeymoon.

He has a driving with out insurance conviction but that is spent this year.

Am I right in thinking we can apply with an ordinary ESTA for him as he can honestly answer no to the questions they ask.
So I was hoping to just carry on like I would. I mean is it likely that he could get turned away when we get to the US? Has this happened to anyone?

I don't obviously want him to get turned away, but then I've heard that people who have applied for the B2 visa are often refused :s

Then on to my second question... Him driving the hire car. We both want to drive but I'm not sure I want to be the only one driving. When we pick up the car will he be allowed to drive? His points are off of his license now so would they be able to tell?

Hope someone can give me some advice or views from their experience.

Thank you
Pebbles
Pebbles
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Hi BenS,

Have you got any advice on him being able to drive out there?

He will have nothing on his counterpart etc when we go. So when we get to the hire company I'll be able to add him as another driver okay?

Thanks for your help Smile
GO


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