Highway Traffic Act Offence Lawyer in Oakville

You would be hard pressed to find someone with a driver’s licence who had not received a speeding ticket in the history of his or her life behind the wheel. Before paying a speeding ticket, however, you should be aware of the implications. Unlike criminal charges which apply no matter where the offence took place, the Highway Traffic Act only applies on roads, highways, streets and other public access throughways. A possible defence to a Highway Traffic Act charge would therefore be that the driving took place on private property or off of the road ways covered by the Act.

Highway Traffic Act Offences

Some Highway Traffic Act Offences (HTA) carry very serious consequences. Below are some of the ones that we deal with most frequently.

Careless driving

Careless Driving is defined under the Highway Traffic Act (HTA) as:

“Every person is guilty of the offence of careless driving and driving carelessly who drives a vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway,

For you to be convicted of one of these offences, the court would have to find that you did not exercise the degree of care and skill that would be reasonably expected of a driver in the same circumstances. The test is the same for all road users regardless of age or experience.

Driving While Under Suspension

If you knowingly drive while your licence is suspended, you are guilty of this serious offence. There are various reasons why your licence might have been suspended, for example for non-payment of child support, or for having been convicted of a drinking & driving offence. The penalties can vary depending on which of those reasons apply, as well as whether or not you have committed this offence before, and include additional suspensions.

Speeding

Speeding is a major factor in traffic deaths and injuries. The role of speeding in crashes is described in terms of its effect on the driver, the vehicle, and the road. Excessive speeding reduces the amount of time the driver has to react in a dangerous situation to avoid a crash, increases vehicle stopping distance, and reduces the ability of road safety structures (such as guardrails, impact attenuators, crash cushions, median dividers, and concrete barriers) to protect vehicle occupants in a crash.

Stunt Driving or Racing

Stunt Driving has become a very common offence due to the increase in traffic, the intolerance of speed on highways, and the strong policies towards policing and prosecuting such offences in Oakville. A stunt driving ticket can be given to any driver caught exceeding the speed limit by more that 50km/h. The offence is a traffic ticket issued under the Highway Traffic Act s.172 which is a provincial law.

Traffic Light Violation

Traffic Light charges vary upon the charge as well as the penalties associated per charge. A driver in Oakville can face several charges under The Highway Traffic act associated with traffic lights. Some of these charges may include; failing to proceed at a green light, failing to stop at a red light, failing to stop at an amber light, and proceeding before a green light.

FAILING TO REMAIN AT THE SCENE OF AN ACCIDENT

Failing to remain at the scene of a vehicle accident is among the most broadly interpreted Highway Traffic Act offences. The most obvious scenario is when a driver flees an accident that they are actively involved. The late reporting of an accident may also fall under failure to remain at the scene of an accident.

How demerit points work?

Demerit points are added to your driver’s licence, if you are convicted of breaking certain driving laws. The rules are different depending on if you are a new driver or have a full licence.

You don’t “lose” demerit points on your driving record. You start with zero points and gain points for being convicted of breaking certain traffic laws. Demerit points stay on your record for two years from the offence date. If you collect enough points, you can lose your driver’s licence.

You can also get demerit points on your Oakville’s driver’s licence when you violate driving laws in:

• Other Canadian provinces and territories.
• The State of New York.
• The State of Michigan.

Penalties

Most Highway Traffic Act convictions result in fines ordered by the Court. The more serious offences, such as driving under suspension, fail to remain at the scene of an accident and careless driving, may result in jail sentences. However, a jail sentence is usually reserved for those cases where the offender has prior convictions for the same offence and/or where the result of the driving offence is very serious (an accident with injuries). It is also open to a judge to suspend a person’s driver’s license if the Act allows for it.

If you have been charged with careless driving causing bodily harm or death, the penalty is:

• A fine of not less than $2,000 and not more than $50,000.
• A possible two-year jail term (or both a fine and jail term).
• Up-to five years licence suspension.
• Six demerit points.

Failing to stop at a red light may result in an individual:

• Losing 3 demerit points.
• A $260 fine plus court costs and victim surcharge.
• If an accident has occurred, the driver who ran the red light will be deemed at fault.

If you were caught driving while under suspension and the suspension was due to a previous drinking & driving offence, then there is a fine between $5000 and $25,000, or jail up to six months or both.

Contact us

You should hire a lawyer if you are accused of a Highway Traffic Act offence because there is a risk of jail time and an increase in premiums with some offences, an example being driving while your licence is under suspension.