Tricky grey area involving overstay and police

[Ace of Pop]

Ubonjoe isn't spot on ,Mrs Pop says you still have time to clear your overstay before the new rule kicks in i

[Ace of Pop]

Bloody phone ,I got my new 1year and had to sign and read the new deceleration already,but you still can make it.

[ubonjoe]

Ubonjoe isn't spot on ,Mrs Pop says you still have time to clear your overstay before the new rule kicks in i

Please explain what you are trying to say. When did I say he din't have time.

[PattayaAl]

The drink drive penalty is a lot higher than 3k baht as mentioned earlier, my BiL got stopped two months ago and he paid 12k baht in CM and he's Thai.

2 months ago was " special period " all penalties were increased.remember nye announcement?

Max fine is 3000 as far as I know and seen twice

[PattayaAl]

Another thing OP, to my knowledge, this is the process in regards to drink driving.

Bail is 20 000-30 000, but you said GF paid only 2000

Court max penalty to my knowledge is 3000 baht, but police telling you to pay 5000 and another court appearance?

I know a couple of foreigners in Pattaya and this is what happened,

First arrested and in the cells,

Next morning, bail paid by a Thai(must be a Thai) one was 20 000 and another 30000 baht

2 days later off to court. Pleaded guilty, paid 3 000 baht immediately after the sentencing. In the mean time police held on to passport.

Once paid, back to police station to show the receipt of payment and court judgement.

In one case, passport returned immediately and bail refunded back 7 days later.

In second case, took almost 2 weeks to get back the passport with few (donations) and 30 days to get the bail back.

From your OP, it does not sound like matter is going to court, or am i wrong?

HI, well i cant say your wrong. I can only say what happened to me and what gf said. I was in the holding cell for about 2 hours. Then released by paying 2000. They then told my gf to come back in the morning with me to go to court and pay 5000 fine.

If it turns out to be more than that then i guess they will just have to hang on to my passport until i pay it but at least ill be legal by that point.

I was just thinking that possibly police are looking to settle it out of court because the amounts of bail and fine do not really add up.

Might be wise to get your gf to do that to avoid any further hassles.

[Ace of Pop]

Ubonjoe isn't spot on ,Mrs Pop says you still have time to clear your overstay before the new rule kicks in i

Please explain what you are trying to say. When did I say he din't have time.

. Sorry Joe ,I typed Is spot on ,this Apple Check changed it and I missed it.

[davidst01]

another quality law abiding farang in LOS...

[Rayk]

another quality law abiding farang in LOS...

And i suppose you have never broken a single law in your illustrious life.

[jacksam]

Thanks for all the replies both from the positive and the negative.

I am travelling down to BKK today and flying out in the morning. Will update on the saga later.

The OP is one relaxed dude. I'm a worry wart. Got picked up Friday. I would of flown sat or latest Sunday so could be consulate early Monday. Fly back Tuesday arvo. Police wed. Sounds like he might apply setv wed.

[roiethome]

I have no sympathy for the OP.

There is never any excuse for being on an overstay.

OP shows his contempt for the system by waiting till he gets caught for another infringement before doing something about it, even though he has the funds to pay the fine and the airfare !

His behaivour gets a bad name for those who live her legally and abide by the rules of Thailand.

I have been here more than 20 years, working with a work permit and now retired and I have never had an overstay or missed a 90 day reporting, to do so is just bad manners.

We are guests in Thailand and we should respect their rules and regulations no matter how much we disagree with them.

[tinat]

The penalty for being caught driving under the influence is a fine of THB5,000 – THB20,000, up to 1 year in jailand at least a 6 month driving ban. If injury or death is caused the penalties are far more severe with a maximum fine of THB200,000 and a 10 year prison sentence.

[Suradit69]

As usual great advice from ubon. Perhaps when your back (not that police can trouble you) be very apologetic and claim you had no idea of fact you had overstay until you arrived at airport, so then cleared fine and hope they don't adopt an attitude with you. Do it now. The new rules come in soon anyway. Get ass into gear

"... claim you had no idea of fact you had overstay until you arrived at airport,"

And then explain why he suddenly decided to fly in and out of the country when he was expected to report to the police on Tuesday.

Presumably he'll then be in the country on a 30 day visa exempt entry if he doesn't have the time to get a tourist visa or whatever. Have a feeling he'll be getting special scrutiny by the local constabulary going forward.

"be very apologetic"

Overdo it and they'll figure you're hiding something. Just be polite and business-like, as you would (hopefully) normally act.

[PattayaAl]

The penalty for being caught driving under the influence is a fine of THB5,000 THB20,000, up to 1 year in jailand at least a 6 month driving ban. If injury or death is caused the penalties are far more severe with a maximum fine of THB200,000 and a 10 year prison sentence.

That's nice where ever you copied it from.

So do tell how do you ban one driving when fine for driving without a license is 500 baht

[kohbar]

Update.

Just had a major slice of luck. Local police called my gf sand said i have until Saturday to turn up with passport and visa.

As Ubonjoe suggested before once the overstay is sorted its done. But they could do me some more on the drink driving because they will see i pulled a fast one.

So im going to fly out tomorrow morning and back in time to report hopefully.

[HooHaa]

if you can get out and back before appearance you are good. i would sort it rapid.

the police wont notice the stamps and by the time they do your overstay will be sorted.

there will not be an immigration hold on you, there is no reason to issue one

[elviajero]

Update.

Just had a major slice of luck. Local police called my gf sand said i have until Saturday to turn up with passport and visa.

As Ubonjoe suggested before once the overstay is sorted its done. But they could do me some more on the drink driving because they will see i pulled a fast one.

So im going to fly out tomorrow morning and back in time to report hopefully.

As you have more time you could get a visa whilst out of the country.

You could get a single entry tourist visa (SETV), or if you take your babies original birth certificate, copy of babies Tabien Baan, copies of the mothers ID and Tabien Baan you might be able to get a single entry non immigrant visa.

[kohbar]

Update.

Just had a major slice of luck. Local police called my gf sand said i have until Saturday to turn up with passport and visa.

As Ubonjoe suggested before once the overstay is sorted its done. But they could do me some more on the drink driving because they will see i pulled a fast one.

So im going to fly out tomorrow morning and back in time to report hopefully.

As you have more time you could get a visa whilst out of the country.

You could get a single entry tourist visa (SETV), or if you take your babies original birth certificate, copy of babies Tabien Baan, copies of the mothers ID and Tabien Baan you might be able to get a single entry non immigrant visa.

Thanks for that and yes I think I will try for one of those 2. Going to KUL which ive been to before and the embassy there was pretty good.

[PattayaAl]

Update.

Just had a major slice of luck. Local police called my gf sand said i have until Saturday to turn up with passport and visa.

As Ubonjoe suggested before once the overstay is sorted its done. But they could do me some more on the drink driving because they will see i pulled a fast one.

So im going to fly out tomorrow morning and back in time to report hopefully.

Well courts are not open on Saturdays so I think they giving you pretty clear signals of what their intentions are.

[elviajero]

Update.

Just had a major slice of luck. Local police called my gf sand said i have until Saturday to turn up with passport and visa.

As Ubonjoe suggested before once the overstay is sorted its done. But they could do me some more on the drink driving because they will see i pulled a fast one.

So im going to fly out tomorrow morning and back in time to report hopefully.

As you have more time you could get a visa whilst out of the country.

You could get a single entry tourist visa (SETV), or if you take your babies original birth certificate, copy of babies Tabien Baan, copies of the mothers ID and Tabien Baan you might be able to get a single entry non immigrant visa.

Thanks for that and yes I think I will try for one of those 2. Going to KUL which ive been to before and the embassy there was pretty good.

I pretty sure the police will already know or strongly suspect you're on overstay and it sounds like they've given you time to sort it out. I think having a visa will help your case, and a non 'O' even more so, as you're not really a tourist. Re-entering using visa exempt entry is a bad idea for several reasons.

KL is probably the worst place to go for a visa! If you have problems at the KL embassy then go to the Penang consulate where the criteria is more relaxed and you should have no problem getting either visa. Personally, based on reports, I would head straight for Penang.

Edited February 29, 2016 by elviajero

[kohbar]

Update.

Just had a major slice of luck. Local police called my gf sand said i have until Saturday to turn up with passport and visa.

As Ubonjoe suggested before once the overstay is sorted its done. But they could do me some more on the drink driving because they will see i pulled a fast one.

So im going to fly out tomorrow morning and back in time to report hopefully.

Well courts are not open on Saturdays so I think they giving you pretty clear signals of what their intentions are.

To take the money themselves ? If so then yes even better.

[kohbar]

Update.

Just had a major slice of luck. Local police called my gf sand said i have until Saturday to turn up with passport and visa.

As Ubonjoe suggested before once the overstay is sorted its done. But they could do me some more on the drink driving because they will see i pulled a fast one.

So im going to fly out tomorrow morning and back in time to report hopefully.

As you have more time you could get a visa whilst out of the country.

You could get a single entry tourist visa (SETV), or if you take your babies original birth certificate, copy of babies Tabien Baan, copies of the mothers ID and Tabien Baan you might be able to get a single entry non immigrant visa.

Thanks for that and yes I think I will try for one of those 2. Going to KUL which ive been to before and the embassy there was pretty good.

I pretty sure the police will already know or strongly suspect you're on overstay and it sounds like they've given you time to sort it out. I think having a visa will help your case, and a non 'O' even more so, as you're not really a tourist. Re-entering using visa exempt entry is a bad idea for several reasons.

KL is probably the worst place to go for a visa! If you have problems at the KL embassy then go to the Penang consulate where the criteria is more relaxed and you should have no problem getting either visa. Personally, based on reports, I would head straight for Penang.

Thanks again.

Yes I think you could be right and they know deep down but giving me a chance.

Maybe things have changed then since i last went to the embassy in KL, about 2 years ago they also seemed quite relaxed but ill take your advice onboard and get straight to Penang. Thanks again for the info.

[jacksam]

Pity you seem to have flights booked. Elviajero correct as always. You should of gone to Penang.

Maybe this time get setv if you don't have time to organize stuff for non o.

[donnybay]

Just play it cool when you report for to the police, for all they know you had planned to fly out this week anyway, don't say anything unless they ask, just my tuppence worth

[F4UCorsair]

Look on the bright side. You weren't working without a WP!! That's one thing they won't get you on.

[Monkeyrobot]

Get out pay the 20,000 and return . Face the other music later with a bit off palm greasing. My friend had the same problem ,he had to leave in a hurry because of a relative injured in Cambodia.

[novo58]

So does this from the OP ...negate everything we have been told about carrying your passport with you ....OR...........being able to produce it within a very short time.

I have difficulty understanding that the police were so kind as to wait ( indefinitely) for you to produce your passport !!!!

To me the fact that you cannot produce the passport immediately would raise red flags also that their check could NOT LOCATE info on you.

[harrry]

So does this from the OP ...negate everything we have been told about carrying your passport with you ....OR...........being able to produce it within a very short time.

I have difficulty understanding that the police were so kind as to wait ( indefinitely) for you to produce your passport !!!!

To me the fact that you cannot produce the passport immediately would raise red flags also that their check could NOT LOCATE info on you.

My guess is he and his girlfriend behaved in a way in which the police decided not to throw the book at him (although anyone who thinks they are so stupid they cannot be pretty sure there is an overstay would be mistaken) and decided to give the family the oportunity to fix it rather than seperate them.

[BritTim]

So does this from the OP ...negate everything we have been told about carrying your passport with you ....OR...........being able to produce it within a very short time.

I have difficulty understanding that the police were so kind as to wait ( indefinitely) for you to produce your passport !!!!

To me the fact that you cannot produce the passport immediately would raise red flags also that their check could NOT LOCATE info on you.

This is my take. The attitude towards Westerners in Thailand varies tremendously from place to place, and among individual Thais. In major tourist areas, police will tend to have had some bad experiences with foreigners, and be less inclined to be accommodating. It also depends tremendously on how you as an individual come across.

It seems likely that the OP lives in an area with few foreigners, comes across as a laid back, friendly guy, and has a GF who is probably polite and respectable. The police see no real need to give him a harder time than is necessary. His GF has been talking to them, saying the OP needs time to get his passport, being contrite for the trouble caused, and asking them "to help". There will be some reciprocity for this help, but (and this is where most non Thais misunderstand the process) this is not simple corruption. This is the police being nice, and appropriate gratitude being shown. If the police did not like the OP, his GF and her family, they would not help, at least not without large amounts of cash being involved. My guess is that the OP made an excellent choice of GF.

It is extremely unwise, in general, to flout Thai laws. Enforcement of these laws is flexible. If you are a scofflaw, and run into a policeman who dislikes Westerners, prepare for a very unpleasant experience. One should not rely on having the OP's luck.

[novo58]

@ BritTim .......................I think you have summed it up pretty well.

I hope the anti- Thai brigade dont jump in about corruption etc.

The Police can be sympathetic and helpful in the right circumstances it would seem. And ( for me) nothing wrong with showing gratitude in return.

[louse1953]

• Leaving and clearing the overstay shouldn't be a problem, before Tuesday.
• If you report to the Police on Tuesday with an overstay you will almost certainly be put through the deportation process. That might be your best option as it currently doesn't stop you from re-entering.
• If you don't report to the Police I'm pretty sure it will come back and bite you if you return.
• I suppose you could leave today, return on Monday and report on Tuesday. Your passport would be in order and I doubt any retrospective action for the overstay would be possible, but what other problems you might face are unknown.

Thanks for that.

Yes there is no way I wont report to the police. Primarily because they have my gf's ID card and most important thing is her and the baby are ok. I plan on leaving tomorrow, fly back Tuesday and i might be a bit late for them but ill be there. Gf can always say im travelling up.

Your right the only thing thats completely unknown is if they choose to charge me with the max penalty for drink driving which could even be deportation anyway. I doubt it but possible. I can only hope that all they are interesting in his processing me, paying the 5000 and on my way.

If you cannot make it by Tuesday, just have your gf tell the police officer that you are clearing your overstay and will turn yourself in the next day as to make sure they know you have not gone on the lamb (at that point you will be out of the country / on your way back anyway -- with your passport)

Thanks and yes another way perhaps. Could just be direct and say sorting out overstay. Fundamentally all they want to see is im legal here. BY the time i get there I will be, if it all goes to plan. If not then i cant see how they can legally do anything to my gf. This is what im checking with a lawyer about now. If i cant make it back what can they do to her !!

Remember to report where you are living when you get back,unless your in a hotel.