Trafiic Services
1.888.454.5003
CRIMINALS\TRAFFIC OFFENCES

Criminal/Traffic Offences

Offence
Fail to Remain
Careless Driving
Racing/ Stunt Driving
Speeding
Red Light - Fail to Stop
Seatbelt
Turning Violation
Drive No Licence
Driving with a Suspended Licence
Driving without Insurance
Impaired Driving Offence
Refusing to Provide a Breath or Blood Sample
Dangerous Driving
Dangerous Driving Causing Bodily Harm

Traffic Offences

Fail to Remain states that any person involved in an accident shall remain at or immediately return to the scene of the accident. Also the person involved must provide the other driver(s) with the necessary information required. The information that you are required to provide is your name, address, driver’s licence number, your vehicles insurer, the policy number, the name and address of the registered owner of the vehicle, and the permit number. If you fail to comply with any of these requirements, you may be guilty of “fail to remain”. Due to the severity of this offence, you could be facing some very harsh penalties. Penalties upon conviction for Fail to Remain are:

  • 7 demerit points
  • $200.00 - $2000.00 fine
  • A possible suspension of your driver's licence for a period of no more than 2 years
  • A possible term of imprisonment for up to 6 months

Careless Driving is a charge that is laid most often when someone has been involved in a collision. It is a very broad charge that covers many different situations. A brief description of the charge is driving a motor vehicle without due care and attention or without a reasonable consideration for other people using the highway. As the description of this offence is so broad, it is left up to interpretation of the court. Retaining legal representation for a careless driving charge is paramount as the penalties for this offence are very severe. The penalties for a careless driving conviction are as follows:

  • 6 Demerit Points
  • Fine of no less than $200 and no more than $2000
  • A possible suspension of your driver's licence for a period of no more than 2 years
  • A possible term of imprisonment for up to 6 months

Racing/ Stunt Driving, such as “squealing” your tires or trying to make an extremely dangerous maneuver. Once you have been charged with Stunt Driving you will immediately be issued a seven day roadside suspension of your drivers licence. Your vehicle will also be impounded for seven days, at your own expense. Upon Conviction of Racing/Stunt Driving the penalties are:

  • 6 demerit points
  • $2,000.00 - $10,000.00 fine
  • A possible suspension of your driver's licence for a period of no more than 2 years
  • A possible term of imprisonment for up to 6 months

Speeding. The penalties for speeding are based on how many kilometers over the speed limit you were allegedly traveling at:

  • 0-15km over: 0 demerit points
  • 16-29km over: 3 demerit points
  • 30-49km over: 4 demerit points
  • 50+ km over: 6 demerit points, suspension of your driver’s license. (**Note, if you are traveling at a rate of speed at 50 or more kilometers over the limit you can also be charged for stunt driving/racing/excessive speed under section 172 of the Highway Traffic Act**)

Red Light – Fail to Stop is when you have failed to come to a full and complete stop at a stop sign or red light. Whether or not the way is clear to proceed, if you do not come to a full and complete stop you are committing a traffic violation. This offence may seem like a very minor violation however the penalties for this offence will affect your driving record for 3 years and could raise your insurance premiums. Penalties:

  • 3 demerit points
  • $85.00 set fine
  • A conviction on your driving record for three years

Seatbelt infractions include the driver or passenger of a motor vehicle not wearing, or not properly wearing their seatbelt, driver not ensuring that passengers under the age of 16 are wearing their seatbelt, not occupying a position with a seatbelt, not ensuring that a child passenger or toddler is properly secured, driving a vehicle with the seatbelt removed or inoperative.

Turn violations include, but are not limited to:

  • Not signaling
  • Improper left or right turns
  • Unsafe turns
  • Failing to avoid a collision, etc.

Drive No Licence is one that applies to anyone driving a motor vehicle without a valid drivers licence. Even if you have been issued a drivers licence and it expires and you do not renew it, you are still guilty of this offence. This offence will stay on your driving record for 3 years and could significantly affect your insurance premiums. Upon conviction of “drive no licence” the penalties are:

  • $325.00 Fine
  • A conviction on your driving record for 3 years

Driving with a Suspended Licence carries an automatic six-month suspension of your drivers licence. Your license could be suspended for a number of reasons, including but not limited to:

  • Unpaid fines
  • Medical reasons
  • Alcohol related offences
  • Demerit points

      If this is the first time you have been charged with Drive under Suspension, you are facing the following penalties:

  • A fine not less than $1,000 and not more than $5,000 (**Note: If your license is suspended from certain convictions under the Criminal Code of Canada, the fine is not less than $5,000 and not more than $25,000**)
  • A mandatory 6 month suspension of your driver’s license
  • A possible term of imprisonment of not more than 6 months

      For each subsequent offence:

  • A fine of not less than $2,000 and not more than $5,000 (**Subsequent offences related to the Criminal Code: fine of not less than $10,000 and not more than $50,000**)
  • Suspension of your driver’s license
  • A possible term of imprisonment

Driving without Insurance means that no owner of a motor vehicle shall operate or permit that vehicle to be operated without valid insurance. Although monthly insurance payments may seem costly, the monetary penalties associated with committing the offence of driving without insurance are extremely high. Driving without insurance is a very serious offence that carries very harsh penalties upon conviction. If you are found guilty of driving without insurance the penalties are:

  • For a first conviction - $5,000 fine + 25% surcharge = $6,250
  • For a second conviction - $10,000 fine +25% surcharge = $12,500
  • You could also be facing a suspension of your drivers licence for up to one year.

Criminal Offences

Impaired Driving Offence is operating a motor vehicle while being under the influence of drugs or alcohol. Having one too many drinks and then operating a motor vehicle can bring devastating consequences – you could lose your job, be denied entry into certain countries, be labelled a "high-risk" driver and pay exorbitant or unaffordable insurance rates and even have your insurance company cancel your policy. The minimum penalty in Ontario for a first offence is:

  • Driving prohibition for one year
  • A fine of no less than $1000
  • Participation in the "Back on Track Course"
  • Installation, at your cost, of an Ignition Interlock system (an alcohol screening device) in your vehicle for one year

      The minimum penalty in Ontario for a second offence is:

  • Driver's Licence Suspension for three years
  • Mandatory jail term of 30 days
  • Participation in the "Back on Track Course" for 11 months
  • Installation, at your cost, of an Ignition Interlock system (an alcohol screening device) in your car for three years

Refusing to Provide a Breath or Blood Sample is not complying with a police officers demand for a blood sample or breath test. Failure to do so will result in a criminal charge(s). This charge is a direct result of refusing to provide a breath or blood sample at either:

  • Roadside (Screening Device)
  • Police station (Breathalyzer/Intoxylizer 5000C)
  • A mobile police station
  • The hospital

      if convicted, the penalties are exactly the same as a conviction for impaired driving. The minimum penalty in Ontario for a first offence is:

  • Driving prohibition for one year
  • A fine of no less than $1000
  • Participation in the "Back on Track Course"
  • Installation, at your cost, of an Ignition Interlock system (an alcohol screening device) in your vehicle for one year

      The minimum penalty in Ontario for a second offence is:

  • Driver's Licence Suspension for three years
  • Mandatory jail term of 30 days
  • Participation in the "Back on Track Course" for 11 months
  • Installation, at your cost, of an Ignition Interlock system (an alcohol screening device) in your car for three years

Dangerous Driving is driving a motor vehicle at speeds exceeding 80 km/h over the posted speed limit or in a fashing that is considered dangerous. A conviction for Dangerous Driving will result in similar penalties to that of an impaired driving conviction. The penalties include:

  • Criminal record
  • Minimum fine of $1000.00
  • Automatic suspension of your licence for a minimum of one-year

      The Criminal Code offence of Dangerous Driving is made out when:

  • The accused drives a motor vehicle in a manner that is dangerous to the public;
  • Having regard to all the circumstances;
  • Including the nature, condition and;
  • Use of the place where the driving occurs and the amount of traffic there at the time or that might reasonably be expected.

Dangersous Drving Causing Bodily Harm is when a person has sustained injuries as a result of Dangerous Driving. A conviction for Dangerous Driving will result in similar penalties to that of an impaired driving conviction. The penalties include:

  • Criminal record
  • Minimum fine of $1000.00
  • Automatic suspension of your licence for a minimum of one-year.
  • Imprisonment for up to 10 years

      The Criminal Code offence of Dangerous Driving is made out when:

  • The accused drives a motor vehicle in a manner that is dangerous to the public;
  • Having regard to all the circumstances;
  • Including the nature, condition and;
  • Use of the place where the driving occurs and the amount of traffic there at the time or that might reasonably be expected.