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Charged with DUI in Ontario? Fight The Charges.
Toll-free at 1-800-668-1657 or freeconsult@callalawyer.ca

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 as driving “without due care and attention or without reasonable consideration for other persons” on the road. A wide range of bad driving behaviours can attract this charge.

The prosecutor has to prove that you drove in this manner and will frequently do so by calling witnesses who observed you driving.

The penalties include fines ranging from $400 to$2,000, or up to six months of jail, or both. In addition, your driver’s licence or permit may be suspended for up to two years. This offence carries 6 demerit points.

Your automobile insurance will be affected. It may go up considerably and you may have difficulty getting insurance at all.

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.

A possible defence is that you were misled by the ministry and did not know that you were suspended.

On conviction for a first offence there is a fine of between $1000 and $5000. For each subsequent offence there is a fine of between $2000 and $5000, or jail up to six months or both.

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.
For each subsequent offence there is a fine between $10,000 and $50,000, or jail up to six months or both.

No matter which of these reasons apply, in addition to the penalties here described, there will also be a six month licence suspension consecutive to any other suspension you may have.

Your vehicle will also be impounded. If you are caught driving with a licence suspended under the HTA, for example for being in default of child support, the vehicle you are driving will be impounded for seven days. If you are caught driving with a licence suspended because of a Criminal Code conviction, the vehicle you are driving will be impounded for 45 days.

 

Failing to Remain at the Scene of an Accident & Failing to Report an Accident

If you are in charge of a vehicle that is involved in an accident, you must remain at or immediately return to the scene of the accident and render all possible assistance. In addition, you must upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness your name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.

In a fail to remain case, the prosecutor will seek to prove that you failed to fulfill these duties.

If you are convicted of this offence, there is a fine between $400 and $2,000, or jail for up to six months, or both, and in addition your licence or permit may be suspended for up to two years. This offence carries 7 demerit points.

If the accident results in personal injuries or in damage to property apparently exceeding $1000, you must report the accident to the nearest police officer. Not reporting is a separate offence, the penalty for which is usually a fine and three demerit points.

Your automobile insurance will be affected. It may go up and you may have difficulty getting insurance at all.

Stunt Driving or Racing

Any number of behaviours while driving can amount to stunt driving, for example: “Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning”; or, “Driving a motor vehicle with a person in the trunk of the motor vehicle”.

“Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit” is also defined as stunt driving.

Racing is self-explanatory, but even just driving too fast may be defined as racing for this offence.

The prosecutor must prove that what you were alleged to be doing in your vehicle amounted to stunt driving/racing and will frequently do so by calling witnesses who observed you driving.

If convicted there is a fine of between $2000 and $10,000, or jail up to six months or both.
In addition, your driver’s licence may be suspended on a first conviction for up to two years and on subsequent convictions for up to 10 years. This offence carries 6 demerit points.

At roadside there will be an immediate seven-day administrative licence suspension and your vehicle will be impounded for seven days at your cost and risk.

Your automobile insurance will likely be affected. It may go up and you may have difficulty getting insurance at all.

Fight Your Highway Traffic Act offences! Call our lawyers at 1-800-668-1657 or visit one of our offices to get a free 30-min consultation.

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Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move on.read more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be learned.read more
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
S F
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of everything.read more
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time again.read more
TAYLOR STEVENS
19:28 26 Jun 18
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