Can You Travel to Canada with a Felony or Misdemeanor Traffic Violation?

Most traffic offenses are called "infractions" and are not considered a crime. In many states, however, a traffic violation can become a misdemeanor or felony traffic offense when it results in the destruction of property or causes bodily injury, or creates a substantive threat of doing either. For example, going through a red light is a driving infraction, but running a red light at a busy intersection and hitting a car might be a misdemeanor. If a passenger of that vehicle dies as a result of the collision, the offense could become a felony.

The most common misdemeanor traffic offenses are:

• driving while drunk (DUI/DWI)
• driving without car insurance
• drag or street racing
• leaving the scene of an accident
• driving with a suspended or revoked license
• reckless driving
• fleeing or trying to elude the Police
• speeding >30mph in excess of the speed limit

The most common felony traffic offenses are:

• repeat drunk driving convictions (DUI/DWI)
• vehicular homicide
• hit and run

Any individual who has been arrested or convicted of a misdemeanor or felony traffic violation may be criminally inadmissible to Canada. Even if it has been more than ten years since the offense, the person may need to overcome their criminal inadmissibility with a Canada Temporary Resident Permit (TRP) or Criminal Rehabilitation in order to enter the country. A Canada TRP can enable a person to cross the border for a specified amount of time, while Criminal Rehab is a permanent solution that can permit an individual to cross the border for the rest of their life.

As of December 2018, a DUI and many other driving-related offenses are now considered major criminal convictions in Canada. Consequently, any traffic offense that equates to intoxicated driving in Canada, even if it is not a criminal conviction, can now render a person criminally inadmissible to Canada for life. This means a person with no criminal record but a single DWAI in New York or DWI in New Jersey can be denied entry at the border regardless of how old the incident is. Likewise, any driving-related conviction that equates to dangerous operation of a motor vehicle, reckless driving, flight from a peace officer, or hit and run (failure to stop at the scene of an accident) in Canada can now render an American inadmissible to Canada because of criminality. Operation with a suspended license can also now render an American ineligible for travel to Canada, and even an infraction for driving with no license could cause potential trouble at the border.

If an American is criminally inadmissible to Canada because of a driving offense that was a misdemeanor, and they show up at the border unprepared, there is a substantial chance they will be denied admittance by Canadian border patrol. Consequently, if your trip is important it is advisable to deal with any inadmissibility before you travel. Due to the cost of a Canada Temporary Resident Permit, however, if your reason for travel is not meaningful many people with a misdemeanor traffic violation just cancel their trip and avoid the country.

If you have a felony or misdemeanor traffic violation on your record and want to travel to Canada, phone our team now for a free consultation.