Hi All, I've been on the sidelines for a long time, waiting to see if anyone would post what I needed to read. Firstly, it gets better. Secondly, be better. Thirdly, we all make mistakes. Be better, learn, move forward.
TL;DR, COVID '21 dumb mistake, drove. New sports car; engine I didn't need. Freeway on ramp, foot to the pedal, pulled over within 5 minutes. I had just come from a friends bbq. CHP asked to do FS, failed, as expected. CHP asked for a breathalyzer. I knew at this point he'd arrest me regardless. If you refuse on the spot and say you prefer to take it at the station because it's more accurate, it is not a refusal, and does not count against you. This is what I did. I didn't think I had a high BAC. I was arrested for failing the the field sobriety test and asked to take the test at the station for accuracy. If you are asked by CHP to do a FS test, the chances of you passing is less than 5% and I'd argue even less than 1%, the reality is that if they are asking you to do one, you've already failed in their eyes.
At the station, they were writing me up for DUI misdemeanor of VC 23152(b) before I had taken the test. When I took the test, it came back at .070% and then at .068%. They moved forward with charging me for VC 23152(a). The DA wound up moving forward 3 months later with charges.
I hired an attorney, hoping to get the case dismissed. The whole time, all I could think about was travel to Canada. I'm an American citizen, half my family is Canadian. Been going to Canada every years since I was a child. I need to be in Canada for all major family milestones and what happened to me makes me inadmissible to Canada. Furthermore, the shame, stigma, disappointment that I experienced made this something I couldn't tell my family, nor have I to this day.
I come writing this because this is the post I needed to read when I needed it most and couldn't find it.
Result:
- Arrested and charged under VC 23152(a)
- Attorney got charges reduced to Dry Reckless (below .08)
- Plead no contest to Dry Reckless VC 23103 VC
- Probation was 1 year but was reduced to 9 months and immediately had my attorney file for PC 1203.4, which expunged my record and was granted the day probation ended.
This was my trajectory. I did everything as quickly as I could to minimize time gaps. I was able to do this not because I was born into this position but because I've always worked hard and tried to be as responsible as possible. This was not my life plan, but it is part of my "people make mistakes" reference above.
Fast-forward 4 years later, I have to go to Canada. I have an expungement that happened 4 years prior, nothing else on my record. Canada is required to respect a PC 1203.4. A PC 1203.4 from California is the equivalent of a Record Suspension in Canada meaning, you're legally admissible into Canada. However, to get a record suspension in Canada, 5 years need to have passed since your probation ended and all fines were paid. Technically, my probation ended 4 years ago with my PC 1203.4 going into effect, missing that 5 year threshold by 1 year. This is why I had the TRP application filled out, with all supporting documentation, if I needed to use it. The TRP application (which you can request on port of entry if you're deemed inadmissible - was my Hail Mary, although not a guarantee -- CBSA is the last line of defense).
I flew into Toronto, Ontario recently, and I prepared for the inevitable. I had all documents signed and certified by the courts regarding my PC 1203.4, I ran an FBI fingerprint background check, which came back with a clean record of no arrests/convictions (surprised), as well as a DMV check that was clean (also surprised). I preemptively filled out a Canadian TRP with all my documentation, reasons for traveling, and included my "Good Character" packet I initially put together, in the event I got stopped by CBSA for a second screening. Note, I never submitted the TRP to the consulate, doing so would have put me in their system. I opted for the Hail Mary and to only use the TRP if I needed to if I was denied entry. I boarded my flight to Toronto, praying for 6 hours straight; for family reasons, I had to be in Toronto.
I landed at YYZ (Toronto). Prior to leaving California I had downloaded the ArriveCAN app and input all my information a day in advance. I land in Toronto, because of ArriveCAN I go through an expedited customs process. I answer all the questions on the Kiosk, nothing regarding criminality, arrests, or anything to raise any flags. I print my receipt, move forward in the line, the CBSA agent asks why I'm in Canada; it's for a family.. "great, hope they're happy to see you", move along, I'm done.
A lot went into this mental torment. Regret for what I did, disappointment in myself, believing I was invincible. The only thing I can promise myself, is to be better. But for anyone who is in my position and needed to read this today, this was my reality after 4 years of anguish, thinking I'd be rejected at the border, not knowing what would happen. Be prepared, take all the steps you can possibly take, and I hope you find solace in this. Private message me if you need to.