California DUI and Canada

This article is contributed by Sacramento DUI Lawyer Michael Rehm: A conviction for driving under the influence in California, specifically Vehicle Code 23152 (a) or (b), can be , and will be, grounds for denial of entry into Canada. the reason being is that under current Canadian law, “impaired driving,” as it is called up North, is an indictable offense. Any individual with an indictable offense on their criminal record is not eligible for entry to Canada. An indictable offense is comparable to a felony offense in California, which shows the difference in views toward drinking and driving in the two countries.

There are exceptions to this rule though. First, if it has been more than 10 years since the end of the probationary period of the DUI conviction, you have not been in any other trouble since, and the original term of imprisonment was less than 10 years, you will be “deemed eligible,” and allowed entry even with the DUI still on your record.

Second, if it has not been 10 years since the end of the probationary period, but five, and there has been no trouble since the incident, you can apply for “individual rehabilitation.” This requires some effort on the individuals part though, they must submit this application to the Canadian authorities.

Third, you can apply for a Temporary Resident Permit if the two options above do not apply to you. The Temporary Resident Permit are exactly that: temporary. You are only allowed to visit Canada for a limited time, and for a specific purpose.

The rules regarding entry into Canada are much more stringent in comparison with the situation where a foreign citizen is convicted of a DUI in the United States. In that situation, it can delay naturalization, but it is not considered a crime of Moral Turpitude and therefor will not lead to deportation or denial of re-entry.

Understanding all of the consequences that stem from a Criminal case are crucial to making an informed decision in plea bargaining and entering pleas in general in DUI cases.

International Law Merger

The U.S. law firm of Morgan Lewis & Bockius will merge with the Stamford Law Corporation of Singapore to create Morgan Lewis Stamford in Singapore. The interesting part about this merger is that it allows for Morgan Lewis to practice “across all legal service areas.”

According to the article in the American Lawyer, the normal scenario where an international law firm wishes to practice in Singapore involves either applying for and receiving a Qualifying Foreign Law Practice license, or through a Joint Law Venture or Formal Law Alliance. The Joint Law Venture and Formal Law Alliance involve a foreign firm aligning with a local firm and permit foreign firms to practice law in Singapore but only qualified Singapore Lawyers handle litigation, and under a Qualifying Foreign Law Practice license, foreign lawyers are ineligible to appear in court. Apparently, since Morgan Lewis is simply merging with a Singapore based firm, they will not face the same regulations other firms face through the QFLP’s, JLV’s, or FLA’s.  It appears to be the first time this has occurred in Singapore, and shows the lengths foreign firms will go to get access to this up and coming market.