New York, however, severely limits plea bargaining in DUI cases. He had no prior convictions, had entered a guilty plea at the earliest opportunity and had "self-imposed as much punishment as he can" since. "Were there to be a conviction that may reflect badly on the brand.". Meaning you wont need a waiver and can still travel to the USA. [She] knows her own mind better than those around her, and [name publication] would have a significant adverse effect on her, Trinder said. Enquire with our team to assist you through this process. This has been forwarded onto the relevant business unit to respond to. For example, even if the marijuana was purchased and consumed legally in Canada, Cannabis is a Schedule 1 controlled substance according to US federal law, and the USA border is under federal jurisdiction. Sukhraj Singh (30) appeared in the Dunedin District Court last week where his counsel Simon Graham submitted that the offending was at the low end of the scale and, more importantly . Experienced lawyer working across all Auckland courts. If this threshold has been met, the Judge then has jurisdiction to exercise their discretion to discharge an applicant without conviction. The Department of Homeland Security takes into consideration a number of factors including the strength of the application, the seriousness of the offenses that were committed, the passage of time since the convictions occurred, and whether or not it is a new Waiver or a Waiver renewal. I can also check your treatment at the time of arrest, or detainment. A discharge without conviction is a discretionary course of action contained in the Sentencing Act 2002 that the Court may adopt to avoid imposing a conviction. Said Trinder: There will be a real and appreciative risk she will face difficulties entering Canada and the United States and passing the bar.. Regarding final name suppression, Trinder said the publication of her clients name would have a detrimental effect on her mental health. Traffic Lawyer Auckland - NZ Drink Driving Penalties | MutchLaw The application is considered during sentencing and can prevent a person having a criminal record. The first is a scheme run by the police while the other is in the hands of the courts. Oh no! I have a drink driving conviction! What does this mean for my Contact us for a free consultation if you need a US Waiver or file purge at 1-866-972-7366.