No Points Traffic Tickets

Traffic Tickets Toronto

Fighting  Toronto Traffic Tickets can be a drag.  Dealing with an antiquated system that does not allow electronic filing or court administration communication via fax, can lead to long waits in lines-ups, missed days at work and a whole lot of frustration. So imagine the surprise when it was reported on Novcmber 9th that Ontarians has 1 billion dollars in unpaid fines for Provincial Offences.

Apparently the majority of  the unpaid fines were for driving without insurance, speeding and other Highway Traffic Act Offences, while the rest steams to stem from Our Canadian love of Liquor or  the good old Trespassing violation.

It’s being suggested that in order to collect, driver licences and renewal of validation stickers should be denied.

If you have a TorontoTraffic Ticket, you may visit the city of Toronto website for filing proceedures but always remember a licenced Paralegal  or Lawyer can probably save you the Advil.

Interlock Law

On August 3rd, 2010 the laws for Impaired Driving offenders changed. Now if convicted of Impaired Driving under the Criminal Code of Canada for the first time, you have a choice of the Interlock System or a 12 month license suspension.

The Ministry of Transportation now has a Reduced Suspension with Interlock Conduct Review Program. It allows impaired driving offenders (whom meet specific requirements) to reduce their licence suspension for impaired driving.
The Ministry of Transportation states that if impaired drivers meet certain criteria they will be eligible. For a full list click here.
Impaired drivers have the option to enter into 2 different streams. Stream A and Stream B:

Stream A- Must enter a plea of guilty
- Be convicted, sentenced and subject to a driving prohibition order within 90 days of the date of the offence
Stream B:
- Available for those found guilty at trial, or whom plead guilty more than 90 days after the date of the offence.

For more detailed information on Impaired Driving and the Interlock program visit the MTO website or click here.

Under s.53 of the Highway Traffic Act it states that
“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,
(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(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 to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1).”
Driving while disqualified is a criminal offence of driving while suspended against the Criminal Code of Canada. Your license could be suspended for a number of reasons which include but do not limited to:
1) Unpaid fines
2) Medical reasons
3) Alcohol related offenses
4) Demerit points.
The penalties include:
1) Fine anywhere from $1,000 – $5,000(if your license is suspended under the Criminal Code of Canada the fine can be no less than $5,000 – $25,000.
2) A mandatory 6 month suspension of your license.
3) A possible imprisonment of no more than 6 months.

Careless driving as defined here is one of the most severe driving offences under s.130 of the Highway Traffic Act of Ontario. Most (if not all) police officers will tell you to acquire legal assistance in fighting a careless driving ticket. The penalties for careless driving are plentiful and range in severity.
These penalties are as follows:
1) A fine ranging from $490.00 – $1000.00
2) 6 demerit points(Commercial drivers with 6 demerit points may suffer loss of employment)
3) 30 day license suspension for G1 and G2 drivers(In very serious cases the police can suspend your license for up to 6 months.
4) Determination of fault if you are in an accident.
5) A 100% insurance increase for 3 – 6 years.
6) A possible jail sentence for up to 6 months for very severe careless driving cases.

Remember: When you drive carelessly you are not only putting yourself in danger and harms way, but you are also risking the safety and lives of others who happen to be around you. Drive safe!

Driving with a suspended license is a very serious offence that falls under the Highway Traffic Act. A driving while under suspension conviction, will affect your insurance premiums! A drive while under suspension may also cause your insurance company to cancel your policy and cause you to be uninsurable.

In the old days, if your Ontario driver’s licence was suspended, the suspended driver would receive a registered letter from the Ministry of Transportation. The letter would have to be signed for or pick-up at post office with a piece of ID. There was no question about it- if you were under suspension you knew it and if you didn’t know it-the ministry knew it.

In an effort to possibly cut spending, it was decided to send these important notifications to the suspended driver by regular mail and…. well the legal world has been getting calls ever since:

“I didn’t know my driver’s license was suspended; I never got the letter.”

“I got the notice of suspension, the day after I was charged with the offence.”

“I moved and I think the notice of suspension went to my old address.”
A new 7 day vehicle impoundment can now apply to Drivers if any of the following violations applies to you:
• Non-payment of Family Support
• Administrative Driver Licence Suspension (ADLS)
• Careless driving
• Driving while suspended
• Warn range Blood Alcohol Concentration from .05 to .08
• Street racing
• Failure to complete remedial measures• Default on family support payments
• Novice driver violations
• Demerit point accumulation

Driving While Under Suspension Penalties (Broken down)
• A fine not less than $1,000 and not more than $5,000
• A possible term of imprisonment of not more than 6 months
2nd offence or more:
• A fine of not less than $2,000 and not more than $5,000
• A possible term of imprisonment
Driving while under suspension convictions carries a mandatory six-month suspension of your drivers licence. There is no way around it.
• Offences related to the Criminal Code have higher fines of not less than $10,000 and not more than $50,000.
This is not an offence that should be handled without the expertise of legal representation. Shop around, ask questions. A good representative will always be willing to explain anything you do not understand.

Should a conviction of an Ontario Careless Driving Ticket be criminal? On July 8, 2011, Brendan Kennedy of the Toronto Star wrote a very compelling article questioning why Careless Driving is not a crime http://www.thestar.com/news/article/1021000–why-is-careless-driving-not-a-crime. Mr. Kennedy highlighted cases where there were fatal or near fatal collisions with pedestrians. Mr. Kennedy also sited offences that fell under the Criminal Code: Dangerous Driving causing bodily harm and Dangerous Driving Causing Death.
A careless Operation Ticket should not be confused with Reckless or Dangerous Driving. In the Highway Traffic Act Careless Driving falls under section 130: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK206
Under said act, Careless Driving in Ontario is defined as follows:
“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.”
Ontario Careless Driving Penalties
“…on conviction is liable to a fine of not less than $400 and not more than $2,000 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. 2009, c. 5, s. 41.”
The Prosecution of Careless Driving Tickets in Ontario is not an easy conviction to obtain, provided that the person charged with the offence is properly represented. However a conviction of Careless Driving does have serious implications. If convicted of the offence the Careless Driving Ticket, can lead to the individual being dropped from there insurance company, higher insurance rates or the individual being sued for damages in Civil Court.

NPTT Legal Services is interested in what you think. Should Careless Driving be a crime in Ontario?

Traffic tickets in Ontario usually carry with them a lot of extra baggage. Most people think that they can just pay the ticket and that’s it, but unfortunately the process carries more issues. First of all, payment of such tickets is usually considered an admission of guilt, so you should never pay until you have consulted a lawyer about it. The reason for this is that admitting to having committed the mistake has far reaching effects as far as your driving record is concerned.

Most offences are usually associated with a number of de-merit points. When you admit guilt through payment of such fines, your driving record is automatically updated so that the de-merit points are added to it. This will mean that insurance companies will see you as a risk, and will charge you higher premiums for insurance. Indeed, others may even cancel your policy. Getting a job may also be difficult, as most companies will require a clean driving history before employing you. To avoid all this, always ensure that you consult a lawyer before paying the fines. Many a times, such tickets can be contested in court and can be dismissed, saving you from all the trouble they bring.

DUI, or driving under the influence, can be described as driving whilst being drunk. This is an offense in many countries, and usually carries with it punitive penalties. In Ontario, you can be declared to be driving under the influence if your blood alcohol level is over 80mg per 100mg blood. This is usually measured using a breathalyzer. Penalties for this offense include suspension of your driving license, a fine of more than $600, imprisonment, or even a permanent criminal record.

In order to avoid all, or most of these, you should always fight DUI charges in court. More often than not, this may result in the charges being reduced or even removed. The only way of ensuring that your chances of winning the case are increased significantly is to make sure that your lawyer is very good. There are many firms out there, but you should only choose those that have a reputation for being very good at traffic law. A number of good firms will be able to get the charges reduced or dismissed for very reasonable prices, so the issue of cost shouldn’t worry you unduly. In fact, winning such a case in court will be worth the legal fees paid if it saves you from the vast array of penalties.

A red light ticket in Ontario normally carries with it a fine of around $110, excluding government surcharges, and a penalty of 3 de-merit points on your driving record. The presence of such de-merit points on you driving record means that you may not be able to find a driving job with an employer that requires a clean driving license. Apart from that, many insurance companies won’t insure you, or will only provide insurance at exorbitant premiums, due to the de-merit points.

As you can see, it is critical that you always try to avoid getting such fines on your license. One way to do this is to fight the red light ticket in court. If successful, this will mean that the ticket will be nullified, and you can walk away without paying any fines. Success in such cases usually requires very good and experienced lawyers. You should, therefore, always make sure that you use a firm that has a good track record of handling traffic offences in court. This will heighten the chances of your winning. A good law firm will also ensure that the entire process is handled with professionalism and with no strain (financial or otherwise) to you.

Unsafe lane change Ontario is governed by a very simple rule. Basically, the law states that one cannot change lanes until they are sure that they can do so without causing any operational difficulties for other vehicles. In Ontario, all vehicles are supposed to occupy only one lane, and one can only switch lanes when it’s safe enough to do so. Violation of this rule normally carries a penalty of three demerit points on one’s driving record.

When one has been caught in violation of this rule, they can contest it in court to avoid getting the demerit point penalty. However, it’s not as simple as walking into court and proclaiming your innocence. In order to convince the court that you were on the right, one has to make sure that they get a very skilled lawyer to make the case for them. The good thing about such lawyers is that though many of them are very expensive and may not be worth it, a few of these are very affordable. Finding an affordable but good lawyer is also a very easy thing to do. One of the ways you can do this is to do an online search for search firms or lawyers.