Traffic Offences

The following information is for the general use only, and is not applicable to specific situation(s) . Each case is different and these are some real-life examples. Should you have any question regarding a Traffic Offence matter, you can contact Trustworthy Legal Services for specific legal advice.
Further information can be referred to the Ministry of Transportation at http://www.mto.gov.on.ca/english/
1. Disobey a Prohibited Turn
Penalties
Relevant legislation relating to the offence of Disobey Sign and Prohibited Turn
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 182 (2)1
OR
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s.144 (9)2
Possible Defences:
2) Disobey Stop Sign
Penalties
Relevant legislation relating to the offence of Disobeying Stop Sign
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 136 (1)3
Possible Defence
3) Disobey Red light
Penalties
Relevant legislation relating to the offence of Disobeying Red Lights
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 144 (18) 4
Possible Defences
4) Speeding
Penalties
Relevant legislation regarding driver compliance of speed limit imposed on highway
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 128.01 (1) 5
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s128.01 (4) 6
Possible Defences
5) Careless Driving
Penalties
Relevant legislation relating to the offence of careless driving
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 130 7
Possible Defences
1-7 Source from Federal Statutes and Regulations
(b) shall yield
Further information can be referred to the Ministry of Transportation at http://www.mto.gov.on.ca/english/
1. Disobey a Prohibited Turn
Penalties
- 2 demerit points
- A conviction on driving record for 3 years AND a possible increase in insurance premiums
- A fine of $110
Relevant legislation relating to the offence of Disobey Sign and Prohibited Turn
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 182 (2)1
OR
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s.144 (9)2
Possible Defences:
- Determining whether the sign was visible to the driver for the particular instruction on the Rule of the Road.
- Determining the location of the sign was visible and deliver instruction effectively that gave the driver reasonable time to enact the instruction.
2) Disobey Stop Sign
Penalties
- 3 demerit points
- A conviction on driving record for 3 years AND a possible increase in insurance premiums
- A fine of $110
Relevant legislation relating to the offence of Disobeying Stop Sign
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 136 (1)3
Possible Defence
- To determine whether the driver has reasonable time to make a full stop at the appropriate position, depending on the configuration of the intersection.
3) Disobey Red light
Penalties
- 3 demerit points
- A conviction on the driving record for 3 years AND a possible increase in insurance premiums
- A fine of $325
Relevant legislation relating to the offence of Disobeying Red Lights
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 144 (18) 4
Possible Defences
- To determine where exactly the driver is required to make a full stop.
- To determine whether the traffic light was working properly at the time when the conviction occurred.
- To determine the speed of the car was travelling before the conviction occurred.
- To determine whether the speed of the car gave the driver reasonable time to slow down when the traffic light turned yellow and to make a full stop when the traffic light turned red.
4) Speeding
Penalties
- 3 demerit points when speeding exceeds 16 to 29 km/h over the limit;
- 4 demerit points when speeding exceeds 30 to 49 km/h over the limit; 30 days license suspsension for G1 or G2 driver;
- 6 demerit points when speeding exceeds 50 km/h over the limit; possible license suspension up to 30 days;
- A conviction on the driving record for 3 years
- An significant increase in insurance premiums
Relevant legislation regarding driver compliance of speed limit imposed on highway
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 128.01 (1) 5
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s128.01 (4) 6
Possible Defences
- To determine whether the location of the conviction took place exactly where the speed limit was imposed.
- To determine whether there is good maintenance of signs, communicating their messages to the driver properly.
- To determine whether placement of the speed limit signs are consistently visible to drivers.
- To determine whether the radar was working properly when the conviction occurred.
- To determine whether or not speeding was due to reasons of "necessity" accepted by the court.
5) Careless Driving
Penalties
- 6 demerit points
- A conviction on the driving record for 3 years
- A fine of between $400 to $2000; OR an imprisonment for six months or less; OR BOTH
- A significant increase in insurance premiums
- Possible license suspension not more than 2 years
Relevant legislation relating to the offence of careless driving
The Highway Traffic Act, R.S.O. 1990, c.H. 8, s 130 7
Possible Defences
- To determine whether the driving was, in fact, operated in a "careless" manner by definition.
- To determine whether the conviction was actually resulted from a lack of "due diligence"by the driver.
- To determine if all the essential elements of careless driving, as prescribed in the above-mentioned section, are present in the conviction.
1-7 Source from Federal Statutes and Regulations
(b) shall yield