Highway Traffic Act Offences
Highway Traffic Act offences are regulatory offences that can come with severe penalties, such as hefty fines or even jail time. Convictions for many of these offences can also affect a person’s vehicle insurance and ability to drive.
You would be hard-pressed to find someone with a driver’s licence who has not received a speeding ticket at some point in their history behind the wheel. Before paying a speeding ticket, however, you should be aware of the implications. Sending in the payment for a ticket is generally treated as an admission of guilt. Aside from the financial cost, there are other consequences to paying a ticket.
Understanding Demerit Points
Speeding offences can result in demerit points being added to your driving record, depending on the speed over the limit. There are many misconceptions regarding demerit points. One does not “lose” demerit points on their record. Licensed drivers start with zero points and gain points for being convicted of breaking certain traffic laws. Demerit points remain on your record for two years from the offence date. If you collect enough points, you can lose your driver’s licence.
Highway Traffic Act – Other Consequences
Highway Traffic Act charges may have serious consequences. Increases in driving insurance premiums can be connected to Highway Traffic Act convictions. Driving while one’s licence is under suspension, for example, can result in jail time. There could also be substantial fines and driving prohibitions attached to offences in some situations. All this can have an impact on one’s livelihood if a person needs to drive for work.
If you are charged under the Highway Traffic Act, it is sensible to contact a criminal defence lawyer to help mitigate the impact on your driving record. Hundal Law Firm can help you navigate the legal system. Please contact our office at (416) 888-0592 for a consultation.
Frequently Asked Questions
Under section 32(1) of the Highway Traffic Act, no person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver’s licence issued to them under the Act. There is a set fine of $260.00. There is no jail time for driving without a licence under this provision, but your future insurance may be impacted.
It is also an offence under section 53 of the Highway Traffic Act to drive while one’s driver’s licence is suspended. This offence carries a more serious penalty.
- For a first offence: a fine of not less than $1,000, but not more than $5,000;
- For each subsequent offence: a fine of not less than $2,000, but not more than $5,000;
- OR to a term of imprisonment of not more than six months;
- OR to both a term of imprisonment and a fine, with the minimum fine varying based on whether it is a first or subsequent offence.
The Highway Traffic Act is Ontario legislation that regulates traffic offences and vehicles, the licensing of vehicles, and other transportation-related matters.
A Provincial Offence is an act or omission that can result in quasi-criminal charges being laid. These types of charges can be filed by the Provincial Crown, as well as prosecutors from other provincial agencies, such as the Ministry of the Environment, Ministry of Finance, Employment Standards Branch, Occupational Health and Safety, and Residential Tenancies Investigation Branch. Examples of provincial legislation that people are commonly charged under include:
- Highway Traffic Act charges such as speeding or traffic violations;
- Environmental Protection Act;
- Occupational Health and Safety Act;
- Dog Owners’ Liability Act; and
Trespass to Property Act.
While provincial offences, such as those under the Highway Traffic Act, may not form part of one’s criminal record, there can still be significant penalties, such as large fines and, in some circumstances, imprisonment. One’s insurance rates will also likely be impacted.
What Are The Potential Defences For Highway Traffic Offences?
There are various defences available in cases involving Highway Traffic Act charges, including, but not limited to:
- Factual Innocence: Where the Crown is unable to prove the elements of the offence beyond a reasonable doubt;
- Due Diligence: For example, in a careless driving case;
Necessity;
- No Knowledge: For example, in a fail-to-remain case;
- Reasonable Excuse: For example, due to a medical emergency;
- Technical errors in the offence notice: Which the court may be able to rectify.
The potential penalties for a conviction for failing to remain at the scene of an accident under the Highway Traffic Act can include:
- A minimum fine of $200, up to a maximum of $2,000; OR
- A term of imprisonment for not more than six months; OR
- Both a fine and imprisonment; AND
- Potentially a licence suspension for a period of not more than two years.
A conviction for failing to remain may also impact your motor vehicle insurance rates.
