Criminal Record DR30 - will this effect mortgage application

917700

Hi 

I had a conviction in 2014. The Code DR30 is Driving, or attempting to drive, then failing to supply a specimen for analysis when stopped by the police. 

I am reading the lending criteria on Santander website and found they state this We do not accept applications from customers with a criminal record (or where they are living with someone who has), unless the conviction is for a minor traffic offence, or is spent under the Rehabilitation of Offenders Act 1974.

I am just wondering will the DR30 be considered as a minor traffic offence or not? Can I still apply with Santander?

Thanks

mortgagetakingages

Minor traffic offence is moderately speeding, skipping red light, etc  Drunk driving isn't minor and failure to give specimen is effectively that. 

917700

mortgagetakingages said:

Minor traffic offence is speeding.  Drunk driving isn't minor. 

Minor traffic offence like speeding is not criminal conviction. Therefore, I am confused about their description in this Criminal Record section. What kind of criminal record will be considered as minor traffic offence by Santander?

MovingForwards

You would be best off finding a broker as a lot of lenders have the same restriction.

mortgagetakingages

There are a few non-imprisonable offences that go on a criminal record. The only motoring offences are failing to provide a preliminary breath test and tampering with a motor vehicle.

Cautions do go on a criminal record.

These motoring offences are not imprisonable and do not appear on a criminal record:

• Speeding
• Careless driving
• Construction and use offences (including using a mobile phone)
• Failing to observe traffic a sign
• Failing to provide driver details

These motoring offences are imprisonable and do appear on a criminal record:

• Drink driving
• Drug driving
• Failing to provide a breath/blood/urine specimen
• Failing to stop or report an accident
• Dangerous driving

MWT

917700 said:

mortgagetakingages said:

Minor traffic offence is speeding.  Drunk driving isn't minor. 

Minor traffic offence like speeding is not criminal conviction. Therefore, I am confused about their description in this Criminal Record section. What kind of criminal record will be considered as minor traffic offence by Santander?

 'minor'  does include things like speeding & parking fines etc. where you elected to have your day in court, and lost, instead of using the opportunity of paying a 'fixed penalty notice', as such matters do not constitute a criminal conviction when you pay the notice, but they do go on your record when you choose to go to court and do not prevail.

This is why the best advice is usually to pay the penalty notice if you have the option, as even if you feel you were not guilty, the risk of getting a criminal conviction just isn't worth it most of the time, especially if you are in a profession, or want to apply for a mortgage for example...

[Deleted User]

MWT said:

917700 said:

mortgagetakingages said:

Minor traffic offence is speeding.  Drunk driving isn't minor. 

Minor traffic offence like speeding is not criminal conviction. Therefore, I am confused about their description in this Criminal Record section. What kind of criminal record will be considered as minor traffic offence by Santander?

 'minor'  does include things like speeding & parking fines etc. where you elected to have your day in court, and lost, instead of using the opportunity of paying a 'fixed penalty notice', as such matters do not constitute a criminal conviction when you pay the notice, but they do go on your record when you choose to go to court and do not prevail.

This is why the best advice is usually to pay the penalty notice if you have the option, as even if you feel you were not guilty, the risk of getting a criminal conviction just isn't worth it most of the time, especially if you are in a profession, or want to apply for a mortgage for example...

Absolute nonsense 
speeding does not go on criminal records whether court or a fixed penalty 
it just goes on DVLA records 

But back to OP
Failure to give a specimen is Imprisonable and does go on your record so Id say is not minor 

917700

Densol said:

MWT said:

917700 said:

mortgagetakingages said:

Minor traffic offence is speeding.  Drunk driving isn't minor. 

Minor traffic offence like speeding is not criminal conviction. Therefore, I am confused about their description in this Criminal Record section. What kind of criminal record will be considered as minor traffic offence by Santander?

 'minor'  does include things like speeding & parking fines etc. where you elected to have your day in court, and lost, instead of using the opportunity of paying a 'fixed penalty notice', as such matters do not constitute a criminal conviction when you pay the notice, but they do go on your record when you choose to go to court and do not prevail.

This is why the best advice is usually to pay the penalty notice if you have the option, as even if you feel you were not guilty, the risk of getting a criminal conviction just isn't worth it most of the time, especially if you are in a profession, or want to apply for a mortgage for example...

Absolute nonsense 
speeding does not go on criminal records whether court or a fixed penalty 
it just goes on DVLA records 

But back to OP
Failure to give a specimen is Imprisonable and does go on your record so Id say is not minor 

I agree with you. People only get a record of conviction when they loss on the court hearing. 

I don’t know which traffic offense can be considered as minor when it is a criminal. And why the lender mention minor traffic offense in this criminal record section.

mortgagetakingages

917700 said:

Densol said:

MWT said:

917700 said:

mortgagetakingages said:

Minor traffic offence is speeding.  Drunk driving isn't minor. 

Minor traffic offence like speeding is not criminal conviction. Therefore, I am confused about their description in this Criminal Record section. What kind of criminal record will be considered as minor traffic offence by Santander?

 'minor'  does include things like speeding & parking fines etc. where you elected to have your day in court, and lost, instead of using the opportunity of paying a 'fixed penalty notice', as such matters do not constitute a criminal conviction when you pay the notice, but they do go on your record when you choose to go to court and do not prevail.

This is why the best advice is usually to pay the penalty notice if you have the option, as even if you feel you were not guilty, the risk of getting a criminal conviction just isn't worth it most of the time, especially if you are in a profession, or want to apply for a mortgage for example...

Absolute nonsense 
speeding does not go on criminal records whether court or a fixed penalty 
it just goes on DVLA records 

But back to OP
Failure to give a specimen is Imprisonable and does go on your record so Id say is not minor 

I agree with you. People only get a record of conviction when they loss on the court hearing. 

I don’t know which traffic offense can be considered as minor when it is a criminal. And why the lender mention minor traffic offense in this criminal record section.

My previous post makes it clear the difference between minor and major. If it doesn't go on record and isn't imprisonable it's minor. Just because it doesn't go on record doesn't mean it isn't criminal. It is still an offence. 

MWT

Densol said:

Absolute nonsense 
speeding does not go on criminal records whether court or a fixed penalty 
it just goes on DVLA records

If the question is 'Do you have any criminal convictions' then you would have to answer 'yes' if you had your day in court and lost...

Speeding would not end up on your Criminal Record and would not show up on a CR Check, but the assertion I was responding to claimed that "Minor traffic offence like speeding is not criminal conviction.", but it is if found guilty in court.

mortgagetakingages

MWT said:

Densol said:

Absolute nonsense 
speeding does not go on criminal records whether court or a fixed penalty 
it just goes on DVLA records

If the question is 'Do you have any criminal convictions' then you would have to answer 'yes' if you had your day in court and lost...

Speeding would not end up on your Criminal Record and would not show up on a CR Check, but the assertion I was responding to claimed that "Minor traffic offence like speeding is not criminal conviction.", but it is if found guilty in court.

I wouldn't say I had a criminal conviction for a speeding ticket. They really don't care about that. They are just asking if you have a criminal record.