ND Paralegal Services

Traffic Ticket Offences

Traffic Ticket Related Offences

ALERT: Municipal provincial offences trials are being rescheduled. You have until February 26, 2021 to dispute your ticket. Do not go to the courthouse. You can now request a trial or early resolution meeting by mail or email – depending on the municipality. You can ignore ticket instructions that say “do not mail” or attend in person. Visit the website of the municipality or https://www.ontariocourts.ca/ocj/covid-19 for more info.

How many years do the demerit points affect in my insurance record?

It shows three years in your insurance record.

Distracted Driving

If you use any types of hand-held communication/entertainment devices and certain display screens while driving, it is considered distracted driving.
While you are driving, including when you are stopped in traffic or at a red light, it is illegal to:

  • use a phone or other hand-held wireless communication device to text or dial – you can only touch a device to call 911 in an emergency
  • use a hand-held electronic entertainment device, such as a tablet or portable gaming console
  • view display screens unrelated to driving, such as watching a video
  • program a GPS device, except by voice commands

You are allowed to use hands-free wireless communications devices with an earpiece, lapel button or Bluetooth. You can view GPS display screens as long as they are built into your vehicle’s dashboard or securely mounted on the dashboard.

Other actions such as eating, drinking, grooming, smoking, reading and reaching for objects are not part of Ontario’s distracted driving law. However, you can still be charged with careless or dangerous driving.

Penalties for Distracted driving

If convicted, the penalty you face depends on the kind of license you hold and how long you’ve been driving.

If you have an A, B, C, D, E, F, G and/or M license, you’ll face bigger penalties when convicted of distracted driving:

  • First conviction:

    • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)

    • a fine of up to $1,000 if a summons is received or if you fight the ticket in court and lose

    • three demerit points

    • 3-day suspension

  • Second conviction

    • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)

    • a fine of up to $2,000 if a summons is received or if you fight the ticket in court and lose

    • six demerit points

    • 7-day suspension

  • Third and any further conviction(s)

    • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)

    • a fine of up to $3,000 if a summons is received or if you fight the ticket in court and lose

    • six demerit points

    • 30-day suspension

Novice drivers

If you hold a G1, G2, M1 or M2 licence, and are convicted of distracted driving, you’ll face the same fines as drivers with A to G licenses. But you won’t receive any demerit points.

Instead of demerit points you’ll face longer suspensions:

  • a 30-day licence suspension for a first conviction

  • a 90-day licence suspension for a second conviction

  • cancellation of your licence and removal from the Graduated Licensing System (GLS) for a third conviction

    • to get your licence back you’d have to redo the GLS program

Careless driving

​You could face more charges – for careless driving – if you endanger other people because of any kind of distraction. This includes distraction caused by both hand-held (e.g., phone) or hands-free (e.g., Bluetooth) devices.

If convicted of careless driving, you may receive:

  • six demerit points
  • fines up to $2,000 and/or
  • a jail term of six months
  • a licence suspension of up to two years

You could even be charged with dangerous driving – a criminal offence that carries heavier penalties, including jail terms of up to 10 years for causing bodily harm or up to 14 years for causing death.

What happens if I drive while my driving license is under Suspension charge?

​The minimum fine is $1000 plus court costs and further 6 months driving license suspension. Drive While Suspended – Highway Traffic Act 53.1

Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended, under an Act of the Legislature or a regulation made thereunder, is guilty of an offence and on conviction is liable,

  • for a first offence, a fine of not less than $1,000 and not more than $5,000; and
  • for each subsequent offence, a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both.

What happens to me if I were convicted of racing/stunt driving?

Once you have been charged with Stunt Driving you will immediately be issued a seven day roadside suspension of your drivers license. Your vehicle will also be impounded for seven days, at your own expense. When you are convicted of Racing/Stunt Driving, your penalties would be :

  • 6 demerit points
  • $2,000.00 – $10,000.00 fine
  • A possible suspension of your driver’s license for a period of no more than 2 years
  • A possible term of imprisonment for up to 6 months
What are the consequences of impaired /drink driving ?

If you are convicted of impaired driving causing bodily harm, you may be sentenced to up to 14 years in prison. Impaired driving causing death can carry a sentence of imprisonment for life. License suspensions, heavy fines, vehicle impoundment, mandatory alcohol-education and treatment programs, and the ignition interlock program. Depending on your number of prior convictions, you may be fined up to $50,000, serve time in jail or lose your license permanently.

If you drink and drive and are involved in a collision, you may suffer serious injury or cause serious injury to someone else. Your insurance company might not pay for your medical or rehabilitation costs, or for the damage to your or the other person’s vehicle. Your insurance costs may rise significantly. You may have to pay substantial legal costs as well.

If you are required to drive on the job, a license suspension could mean losing your employment.

Speeding.

S.128 of Highway Traffic Act. Ontario has a provision to define speeding of the moto vehicles. There are different set fine and penalties for speeding the vehicles.

​The penalties for speeding are based on how many kilometers over the speed limit you were allegedly traveling at:

  • 0-15km over: 0 demerit points
  • 16-29km over: 3 demerit points
  • 30-49km over: 4 demerit points
  • 50+ km over: 6 demerit points, suspension of your driver’s license.

Note: if you are traveling at a rate of speed at 50 or more kilometers over the limit you can also be charged for stunt driving/racing/excessive speed under section 172 of the Highway Traffic Act

There is always hidden penalties for speeding tickets, which are not disclosed by nor obligated to disclose by the police or the courts. Here are some hidden penalties associated with the speeding tickets:

1) Demerit points for any speed over 15 km/h
2) Possible driver licence suspensions.
3) Increases insurance rate for at least 3 years
4) Impacts in employment as a driver
5) Possibility of prison for higher speed

For legal help, please contact us

Failure to Stop / Disobey Stop Sign

If you are charged in accordance with Highway Traffic Act section 136(1)(a), there will be a 3 demerit points in your driving record for three years. However, if the offence has occurred in a community safety zone, the fine will be higher. Demerit point penalties for an offence under the Highway Traffic Act (HTA) can range from 0 to 7 demerit points.

As usual, we always well prepare legal Defence before we go to the court so that we will be successful to achieve justice for you . For that we request disclosures and police calibration notes from the court. What’s more is we specifically request the Police Officer’s notes, witness reports, radar manuals and calibration notes as required, and any other relevant evidences that they plan to use against you.

We always aim to have the charges withdrawn prior to trial. If this is not possible, we will do our best to negotiate a lesser offence with the prosecution to avoid demerit points on your license as well as increased insurance. If all of this is not possible, our last resort would be a trial in which we would do our best to have you acquitted of the charge.
For details, please contact us

Failure to Stop / Disobey Stop Sign

If you are charged in accordance with Highway Traffic Act section 136(1)(a), there will be a 3 demerit points in your driving record for three years. However, if the offence has occurred in a community safety zone, the fine will be higher. Demerit point penalties for an offence under the Highway Traffic Act (HTA) can range from 0 to 7 demerit points.

As usual, we always well prepare legal Defence before we go to the court so that we will be successful to achieve justice for you . For that we request disclosures and police calibration notes from the court. What’s more is we specifically request the Police Officer’s notes, witness reports, radar manuals and calibration notes as required, and any other relevant evidences that they plan to use against you.

We always aim to have the charges withdrawn prior to trial. If this is not possible, we will do our best to negotiate a lesser offence with the prosecution to avoid demerit points on your license as well as increased insurance. If all of this is not possible, our last resort would be a trial in which we would do our best to have you acquitted of the charge.
For details, please contact us

Failing to remain at the scene of an accident

What the law says?
(1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;
(b) render all possible assistance; and
(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.

If you are convicted of failing to remain at the scene of an accident, you will face both criminal penalties and driving penalties.

Penalties

Demerit Points – 7
Fine: Up to $2,000.00, or imprisonment for a term of not more than six months, or both, and your licence or permit may be suspended for up to two years
Additional Penalty: Increase in insurance premiums, and possibility of facing jail and licence suspension

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