Traffic Tickets

 

 

 

 

 

Traffic ticket offences are quasi criminal offences and are considered to be minor and less serious offences as compare to those found in the Criminal Code. The Highway Traffic Act of Ontario sets out all driving related offences that are normally enforced by police officers and the officers of the Ministry of Transportation. Traffic tickets could cost you thousands of dollars. Many of those tickets carry demerit points and monetary penalties. Not only it could impact one’s driving licence, but it could also substantially increase one’s auto insurance premium. Often people are not fully aware of their legal rights and/or may not have legal knowledge and skills to make full answer and defence to the charge they are facing in court. If you or any of your loved one is facing minor or serious traffic related offence, K.N.S. Legal Services is here to help you. It has been representing its clients throughout the Greater Toronto area and other parts of Ontario. Its legal services cover legal representation in trials, re-openings, motions, appeals, and bail hearings.

 

Common Traffic Offences

Careless Driving

The offence of careless driving is one of the most serious and most litigated offences in the Ontario Highway Traffic Act. It carries six demerit points. If you are convicted you may be liable to pay minimum fine of $400 and maximum $2,000, or imprisonment for a term of not more than six months, or both. In addition, you may face license suspension for a period not more than two years.

Careless driving causing bodily harm or death has very serious consequences. If you are convicted of this offence, you may be liable to pay minimum fine of $2,000 and not more than $50,000, or imprisonment of not more than two years, or both. In addition, your licence may be suspended for not more than five years.

 

Stunt Driving

This offense deals with various types of prohibited driving behavior, such as engaging in motor vehicle racing, performing a stunt or on a bet or wager. Upon conviction one could be liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both. In addition, your driver’s licence may be suspended, a) On a first conviction under this section, for not more than two years; or b) On a subsequent conviction under this section, for not more than 10 years.

Follow Too Closely

Keeping a safe distance between your vehicle and the vehicle in front is safe and could avoid getting involve in a collision. If you follow an other vehicle more closely than is reasonable depending on speed and traffic conditions on the road, you may be charged with the offence of following to closely. It carries four demerit points. Upon conviction one may be liable to a fine of $85.

Speeding

Speeding is one of the most commonly known offences under the Highway Traffic Act. It carries fines and demerit points based on the rate of speed. The demerit points are as follows: a) More than 15 km/h and less than 30 km/h 3,  b) 30 km/h or more and less than 50 km/h 4,  c) 50 km/h or more 6.

Driving While Suspended

Everyone in Ontario must have a valid driver’s licence in order to drive a motor vehicle. However, if your driver’s licence is suspended you shall not be driving. The law is very clear on this issue, every person who drives when his or her driver’s licence is suspended is guilty of an offence and on conviction is liable. a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; b) for each subsequent offence, to 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 both.
If one’s licence is suspended under section 41 and 42 of the Highway Traffic Act, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable, a) for a first offence, to a fine of not less than $5,000 and not more than $25,000; b) for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000.

Driving an Uninsured Vehicle

If an owner of a motor vehicle operates or allows someone else to operate his or her motor vehicle which is uninsured, “is a guilty of an offence and is liable on a first conviction to a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, his or her driver’s licence may be suspended for a period of not more than one year”. If you are an owner of a motor vehicle that is uninsured, it is your obligation that you should not allow anyone to drive your vehicle as you could be charged for being an owner of uninsured vehicle who permits someone to drive. This carries the same minimum fine $5,000 and not more than $25,000 on a first offence and on subsequent offence fine of not less than $10,000 and not more than $50,000.

Fail to Wear Seatbelt

Wearing a seatblet while driving saves lives. In Ontario every driver must wear a complete seatbelt assembly while driving unless he or she falls under exempted category. This offence carries two demerit points. Upon conviction one may be liable to a fine of not less than $200 and not more than $1,000.

Fail to Stop – Red Light

Every driver approaching a traffic control signal shall stop for a red light and shall not proceed until the light turns green. Set fine for this offence is $260 and carries 3 demerit points. If a person is issued a summons then upon conviction may impose minimum fine of $200 and not more than $1,000.

Fail to Stop – Stop Sign

Every driver approaching a stop sign shall stop his or her vehicle at a marked stop line or, if then immediately before entering the nearest crosswalk or, if not, then immediately before entering the intersection. This offence carries a set fine of $85 and three demerit points.

Fail To Remain at the Scene of Accident

If you are directly or indirectly involve in a motor vehicle accident, the law in Ontario requires you to remain at the scene and cooperate with any police investigation. This offence carries seven demerit points. Upon conviction one may be liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a period not acceding six months, or to both. In addition, your license or permit may be suspended for a period not more than two years.

Failing To Stop When Signaled By Police Officer

The wording of this offence is as follows: “A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signaled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop”. Upon conviction one may be liable for: a) To fine of not less than $1,000 and not more than $10,000; b) To imprisonment for a term of not more than six months; or c) To both a fine and imprisonment

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute a paralegal-client relationship.