Drinking & Driving Offences
Accidents
Criminal Offences
Insurance
Court Location & Information
Offences in NY and Quebec
Appeals & Re-Openings
How to Defend Yourself
News and Articles
Case Laws

Traffic Offences
Careless Driving

The Highway Traffic Act states: Careless driving 130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.

The offence of careless driving occurs when the driver operates a vehicle without reasonable care or attention to other drivers. The penalty for careless driving could range from a minimum fine of $200, six-month jail term, or up to two years license suspension, plus a loss of six demerit points. These charges are laid immediately following a motor vehicle accident.

Many drivers may not realize the effects that there driving habits might have on other drivers and on those around them. Careless driving tickets are vastly on the rise, and are becoming a surprisingly common offence. Careless driving includes an accident involving another motor vehicle, any accident involving a pedestrian, weaving through traffic, endangering other drivers on the road, and driving at high speeds. Police officers give out tickets for such offences in order to regulate such driving behaviour. Commonly these tickets can be taken to court where they can be negotiated through a plea bargain.

There is only one problem when dealing with a plea, the charges will still remain on the driver's record. The seriousness of a careless driving ticket is reflected in the demerit points as well as the fine. The result may be a loss of six demerit points as well as a minimum fine of $300 and up. This is only if the incident resulted in receiving a ticket. However, if a summons was given, the loss of the six points remains, but the fine may be altered with a minimum of $500 and up.

Careless Driving is considered to be a major infraction according to the Insurance Bureau of Canada and the Ontario Courts of Justice. If the driver is convicted, it will appear on their drivers abstract for three years and your insurance premiums are bound to increase.

Red Light Infractions

The Highway Traffic Act states:

(18.1) A person who issues a certificate of offence and offence notice under subsection 3 (2) of the Provincial Offences Act for a contravention of subsection (18) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (18), as the provision that was contravened, if,
(a) the person who issues the certificate of offence and offence notice believes that the offence was committed on the basis of evidence obtained through the use of a red light camera system; and
(b) the defendant is being charged as the owner of the vehicle. 1998, c. 38, s. 3 (1). Certificate of offence – driver – red light camera evidence
(18.2) A person who issues a certificate of offence and offence notice under subsection 3 (2) of the Provincial Offences Act for a contravention of subsection (18) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (18), as the provision that was contravened, if,
(a) the person who issues the certificate of offence and offence notice believes that the offence was committed on the basis of evidence obtained through the use of a red light camera system; and
(b) the defendant is being charged as the driver of the vehicle. 1998, c. 38, s. 3 (1).

Although it is treated as a parking ticket it is unwise not to pay the ticket. Under the HTA (Highway Traffic Act) the following will result if the fine for a red light camera fine is unpaid; No permit when red light camera fine unpaid
(11.2) If an owner of a vehicle is in default of payment of a fine imposed for a conviction based on evidence obtained through the use of a red light camera system, an order or direction may be made under section 69 of the Provincial Offences Act directing that,
(a) if the owner holds a permit, validation of that owner's permit be refused until the fine is paid; or
(b) if the owner does not hold a permit, the issuance of a permit be refused until the fine is paid. 1998, c. 38, s. 1 (1). On the other hand, if you were pulled over by a police officer for failing to stop at a red light and a ticket is issued, the demerit points attached to a red light ticket is three points and the fine is usually $110 total payable. Red light
(18) Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18)

At certain intersections in the city red light cameras have been installed to catch drivers who disobey the traffic lights. When the drivers are caught they receive their notice in the mail. If this is the case, it is most advisable to pay the fine as it will not appear on a driver abstract. This is treated as a parking infraction because they do not have your driver's license available by photo and can only send the Notice of Infraction to the owner of the vehicle stated under the owner. These infractions do not carry any demerit points and that is why the fine is so high. You will not gain anything by taking these tickets to court. This is clearly stated above in the Highway Traffic Act.

When the drivers do not come to a full stop at a red light, a stop sign, or when a car passes any part of the pedestrian walkway area of an intersection, drivers are usually charged with this offence.

If you have committed a traffic violation the best approach would be to assess the seriousness of the offence. Then comes the issue at hand “money”. If you decide to dispute the situation on your own, you will be in court waiting for your turn which could be lengthy in time without having legal representation. The representatives from “Tickets Firm” will help to assess your case and consider the most suitable approach. They have been operating for over 12 years and have built a reputation as being the number one paralegal firm in Toronto.

Seatbelts

In Ontario wearing a seatbelt is a requirement which has to be taken seriously unless you fall under anyone of these categories which will exempt you for having to do so. The following chart will help give a clear understanding of persons who may fall under these specific circumstances.

Speeding

Many drivers find themselves driving over the speed limit without realizing that they are doing so.

The Highway Traffic Act States:

Rate of speed
128. (1) No person shall drive a motor vehicle at a rate of speed greater than,
(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;
(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation, unless a by-law is passed under subsection (2), (4), (5) or (6) or a regulation is made under subsection (7) prescribing a different rate of speed;
(b.1) 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;
(c) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (4), (5), (6), (6.1) or (7); or
(d) the maximum rate of speed posted in a construction zone designated under subsection (8). R.S.O. 1990, c. H.8, s. 128 (1); 1997, c. 26, Sched.; 2002, c. 17, Sched. C, s. 15 (1); 2002, c. 18, Sched. P, s. 29 (1).

Penalty

(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,
(a) is less than 20 kilometres per hour over the maximum speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the maximum speed limit;
(b) is 20 kilometres per hour or more but less than 35 kilometres per hour over the maximum speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the maximum speed limit;
(c) is 35 kilometres per hour or more but less than 50 kilometres per hour over the maximum speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the maximum speed limit; and
(d) is 50 kilometres per hour or more over the maximum speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the maximum speed limit. R.S.O. 1990, c. H.8, s. 128 (14).

Suspension of licence on conviction

(15) Subject to subsection 207 (7), where a court or judge has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the maximum speed limit, the court may suspend the driver's licence of the person for a period of not more than thirty days. R.S.O. 1990, c. H.8, s. 128 (15); 1993, c. 31, s. 2 (7).

Commentary

There is an 80km/h limit for highways not within a city, town, village, built-up area or a highway designated as a controlled-access highway under the Public Transportation and Highway Traffic Act (s.128(1)(a)).
For highways within cities etc., the limit is 50km/h (subs.(1)(b)). The council or trustees of a police village may set higher speed limits (subss. (2)(3)) or, in the case of a park, lower rates (subs. (4)).
The municipality of Metropolitan Toronto Act regulates speed within the municipality (subss. (1)(e) and (12)).
School zones may be regulated by by-laws designating portions of a highway within 150 metres of a school, and by prescribing speed to 40km/h between 8:00 a.m. and 5:00 p.m. (subs. (5)). Special rates of speed apply to; bridges (subs. (6)); provincial parks (subs.(7)(a)); the King's Highway (subs. (7)(b)); and construction zones (subs. (8)-(10)).
Regulations under s. 2, 5 or 6 do not become effective until signs are posted (subs. (11)).

Due to the chaotic and fast paced society we live in, we are constantly pressed for time, and we do the unthinkable, which is speeding. The decision to speed is sometimes inevitable, but before you make such a choice you must realize that there are many consequences that come with this decision. However, if you do receive such a ticket there is a chance that your ticket may be removed from your record. “Tickets Firm” can assist you in doing this. They have the best professional agents working for them to handle your affairs as quickly and proficiently as possible. It is estimated that 10 to 20 percent of tickets given are issued in error.

In Toronto, there are, many devices which the police use in order to catch speeding motorists. The three most popular are radar (RAdio Detection And Ranging), Laser (Light Amplification by Simulated Emission of Radiation), and Pacing.

RADAR (RAdio Detection And Ranging) Radar works by transmitting radio waves at certain frequencies which reflect off objects (such as your vehicle) and are then picked up by the radar. As the waves bounce off your moving car, a frequency shift occurs. This frequency shift is measurable and thereby, the radar unit converts the shift into kilometers per hour to determine your moving speed. There are two basic types of radar- stationary and moving. The stationary radar must be used from a fixed site, such as a parked patrol car. The moving radar, on the other hand can measure the speed of approaching vehicles while in motion, such as during an officer's driving patrol. Most radar have a relatively wide beam that can easily cover several lanes of traffic at a relatively short range. This is where the problem comes in. The radar may track a far-away large target instead of a closer small target without making a distinction which target it is tracking. The traffic radar cannot simply distinguish between targets within range and cannot identify for the police officer which target it's really reading. If there is more than one vehicle in range, it is up to the police officer to “guess” which target is the speeding one. It could be your speed, the car next to you, the overpass or sign in front of you. Who knows?

LASER (Light Amplification by Simulated Emission of Radiation)

Laser speed guns work by transmitting short bursts of invisible light, which bounce off a target vehicle and return to the laser gun. It then times the outgoing and return trips of the light bursts, thereby calculating the target's speed. By timing the outgoing and return trips of the light bursts, it can compute the target`s speed. The laser is much more accurate as it possesses a fairly narrow beam which provides nearly foolproof target identification. Laser guns must be used from stationary position and are most effective at short range. The speed measurement is more accurate because it is not prone to radio interference or jamming, like with the radar.

PACING does not involve a police officer using any speed measuring device. It works by using a certified calibrated speedometer to match the speed of the violator's vehicle. To receive a speeding ticket as a result of pacing means that you weren't checking your mirrors frequently. Once an officer suspects you of speeding, he simply moves his car near yours, matches your speed, follows you a bit at the same distance and the checks his speedometer. Pacing is very accurate. In fact, of all the speed measuring devices, this once is the most difficult one to contend against.

Ontario works on a demerit point system. The system starts each driver out with zero points, where the points accumulate as the driver commits an infraction. For speeding tickets these points remain on your record for three years after the date of the offence. The amount of points depends on the speed driven over the limit. Demerit point losses are as follows:

0 to 15 kilometers over the limit 0 demerit points
16 to 29 kilometers over the limit 3 demerit points
30 to 49 kilometers over the limit 4 demerit points
50 and up kilometers over the limit 6 demerit points + 30 day suspension

Speeding tickets can be very dangerous to your wallet and can be punishable to your driving abstract. This may be harsh on your wallet, but the biggest damage will be towards your insurance premiums. Insurance companies are getting wiser and are using your driving record against you.

The next time you are caught speeding consider pleading not guilty, and ask for a hearing to set a date for trial. You will receive a conviction on your record if you decide to pay the fine. If you decide to fight back you have a chance of winning especially if you are represented by a professional agent such as the agents that work for “Tickets Firm” .

Under Suspension

A conviction for driving while your driver`s license is suspended will result in a further six-month suspension of your driving privileges, as well as a minimum fine of $1,000, and a possible imprisonment of up to six months. The legal specialists at Tickets know that there are many successful defenses for a charge of driving under suspension. Let us go to work for you!