Frequently Asked Questions

Fees depend on the charge and the circumstances of each case. It will cost you far less to have a good Agent fight for you than it can cost you in fines and insurance rate increases for years to come if you are convicted without proper representation.

In most cases, yes. Insurance rates are related to the final conviction associated with a ticket or charge. It is important to keep your driving record as clean as possible and to choose the best option available to you under your circumstances.

A clean driving record is essential to your work as a CMV operator in Ontario. Suppose you are convicted of an infraction under the Highway Traffic Act. In that case, you run the risk of adding points to your commercial license, potential suspension of your registration certificate, and losing your job as a commercial vehicle driver.

Penalties for Commercial Drivers Convicted of Traffic Offences

The owners and operators of commercial vehicles have a shared duty to comply with federal and provincial safety regulations. If the vehicle is in poor condition, driver logs are incomplete or missing, or the driver commits a traffic offence, all parties face the consequences under the law.

Once a commercial driver has been ticketed, their Commercial Vehicle Operators Registration (CVOR) number is sent to the Ministry of Transportation. The Ministry has a list of offences and the corresponding number of CVOR points that will be applied against the commercial driver’s CVOR certificate. Too many CVOR points and the driver’s certificate will be suspended.

CVOR points may be assessed for many different commercial carrier violations, including:

• Traffic offences (such as speeding or DUI) involving commercial motor vehicles
• License violations (such as using a false CMV license or driving while suspended)
• Accidents involving commercial motor vehicles
• Loading violations (such as carrying too much cargo or failing to secure the load)
• Failed inspections of a commercial vehicle
• Non-compliance with Hours of Service Regulations

As you can see, drivers can be held accountable for conditions of their vehicles that may not be their fault. If you don’t fight the traffic ticket, you could be labeled a high-risk driver, given demerit points as well as CVOR points, and increase the carrier’s insurance premiums—all of which will put your job at risk.

A Driver’s Conviction Can Cause Problems for Carriers

Just as an operator has a CVOR record that reflects their driving history, carriers have CVOR records reflecting the company’s safety. If the driver and carrier are ticketed for the same offence, points will be assigned to both CVOR records.

Convictions for traffic offences are a significant factor in determining a carrier’s violation record and safety rating with the Ministry of Transport. Since a driver’s CVOR points directly affect the carrier’s reputation, employers are much less likely to hire drivers with traffic convictions.

Challenging The Charges Against A Truck Driver Or Carrier Can Help

Prevent the addition of CVOR points.

Some traffic tickets may be dismissed outright, preserving the driver’s record and the company’s safety rating.

Reduce the number of CVOR points.

A driver or company can be charged with multiple offences, each one with its corresponding point penalty. By fighting each charge individually, we can reduce the number of points assigned to the driver’s and carrier’s records. If possible, we can argue to modify the charges against you to a lesser offence with reduced CVOR points.

Avoid future problems.

The Ministry of Transportation is more likely to scrutinize operators and companies with poor safety ratings—especially those that do not contest their traffic tickets. Accepting a ticket may be seen as an admission of guilt, opening the driver and company up to audits or additional inspections that draw negative media attention.

Save high costs.

Conviction may result in several financial burdens, such as fines, victim surcharges, and higher insurance costs. If the case is not dismissed quickly, it could form the basis of a legal claim brought by victims, causing the carrier to lose business and pay high court fees.

To the surprise of many people, yes, you can go to jail for getting a traffic ticket. Most believe that you will only go to jail for getting serious criminal charges under the Criminal Code. However, there are several provincial offences (traffic tickets) under the Highway Traffic Act that can impose jail time as a penalty. The length of imprisonment is commonly not as severe as a criminal charge, but it is imprisonment nevertheless. Let’s take a look at some of the most common charges that carry imprisonment as a potential penalty. 

Driving While Under Suspension

Driving while driver’s license suspended

53 (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s license is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

(a)  for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b)  for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both.

You will receive a “Driving Under Suspension” charge if you are found to be the driver of a motor vehicle while your license is suspended. If you are found guilty of this offence for the first time at a trial, you could face a fine of not less than $1000 and not more than $5000, or to imprisonment for a term of not more than six months, or to both. 

Stunt Driving

Racing, stunts, etc., prohibited

172 (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.  2007, c. 13, s. 21.

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s license may be suspended,

(a)  on a first conviction under this section, for not more than two years;

Stunt driving is a very common charge that many are not aware carries a term of imprisonment. If you are found guilty of this charge for the first time at a trial, you could face a minimum of $2000 and a maximum of $10,000 fine, or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s license may be suspended. 

Fail To Remain

Duty of person in charge of vehicle in case of accident

200 (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a)  remain at or immediately return to the scene of the accident;

(b)  render all possible assistance; and

(c)  upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s license 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.  R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16.

Penalty

(2) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition the person’s license or permit may be suspended for a period of not more than two years.  2009, c. 5, s. 54.

A “Failure to Remain” charge is a serious offence and should be taken very seriously if you’ve been charged. If convicted of a first offence at a trial, you could be subject to a minimum fine of $400 but not more than $2000, or to imprisonment for a term of up to six months, or both, and in addition the license may be suspended for up to two years. 

Will I automatically go to jail if I am convicted of an offence that carries jail time?

No, you will not. Firstly, the prosecutor must advise you if they intend on seeking imprisonment as a penalty for any offence and the Justice of the Peace has the final determination whether to impose. It is quite uncommon to be sentenced to imprisonment for a minor violation of one of the above charges. For example, one driver could misdiarize a payment date and allow their license to become suspended unknowingly. On the other hand, one driver may knowingly continue to drive with no license, and blatantly disregards the law. The penalty for these two drivers would be quite different for obvious reasons.

If you have a charge and the prosecution is seeking imprisonment as a penalty, it is extremely important to contact a legal representative for a free consultation. I strongly recommend getting a free consultation from our office.

The immediate, quick answer is: yes, you need to worry about it.

Ignoring a ticket can have very serious consequences. The most likely result of ignoring a ticket is that you will be convicted of the charge without having had the opportunity to provide your defence to the ticket at court or to seek out a possible negotiated settlement to a lesser offence and lesser penalties. Upon conviction, further ignoring a Notice of Fine and Due Date can result in your license being suspended for an unpaid fine. The record of such a conviction and suspension of your driver’s license can then have a serious impact on your insurance. In an absolute worst-case scenario, being subsequently stopped the Police while driving can result in being charged with DRIVING UNDER SUSPENSION and facing much more serious penalties.

Some errors on a ticket may result in the charge against you being eliminated outright, while other errors are superficial and will have no impact on the case against you. Either way, it is important to get a review of the ticket by a licensed paralegal as soon as possible. We have had defendants come to us after having attempted to resolve their ticket on their own and having been convicted at court. At this point the protection of their legal interests has been damaged and may or may not be salvageable. Such matters may unfortunately not have a legal basis to be reopened or appealed. Or in cases which do have a legal basis to be reopened or appealed, the defendant may be facing significantly higher legal costs for the increased work involved and a potentially poorer outcome than had the matter been addressed correctly from the onset.

A licensed paralegal can help you navigate the legal issues involved and represent you at court. Unfortunately the technical legal elements of a case and navigating through the court are not always very straightforward to the average person, and a misstep can have costly consequences. A licensed paralegal is able to represent you at court to avoid the personal costs associated with lost work or missed school attendance where possible. Generally the cost of hiring a paralegal to represent you are minimal and will help protect your financial, licensing, and insurance interests to your net benefit.

It sounds like you’ve been charged with Careless Driving under section 130 of the Highway Traffic Act:

130. Every pers is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her license or permit may be suspended for a period of not more than two years. 2009, c. 5, s. 41.

Unfortunately, even small fender-bender collisions such as yours where there is minimal damage and no apparent injuries can result in a Careless Driving charge being issued. Were you driving carelessly? Not necessarily so. Careless Driving cases are one of the most common cases that we assist defendants with. The majority of these matters can be resolved without the need for a full trial. It is also very rare that we require a client to take time away from work or school to attend court.

The first thing to know is that this is a very serious charge to be issued. Although the collision was very minor, a Careless Driving conviction carries very serious consequences. A conviction will result in a record of conviction being added to your driving record along with a 6 demerit point penalty. Depending on your class of license and any other demerit points issued against you in the last two years, the conviction could result in a driver’s license suspension. Generally, a Careless Driving conviction will also result in no longer qualifying to remain on a standard insurance policy and having to seek out a high-risk insurance policy. These policies are very expensive and it may take 3 to 4 years until you qualify for standard insurance coverage again.

Fortunately, these cases are ones that we can almost always avoid going to a conviction as charged. I will need to speak with you in more detail to document the specifics of what occurred. A momentary inattention doesn’t necessarily mean that you were driving carelessly. Once we have the matter filed with the court any of the MTO or insurance repercussions will go on hold until the case is resolved and no record of the offence will be visible on your driving record while the matter is before the court.

Any witness statements and police notes will need to be disclosed by the Prosecutor in advance of trial. Generally, once those notes have been reviewed we should have a good idea about the strengths and weaknesses of the evidence against you. The first goal will be to see if we can find a sufficient legal argument to have the ticket withdrawn completely. If there is no legal argument to have the charge thrown out completely, then most cases similar to yours can be negotiated down to a lesser minor offence. There is always the possibility that the matter could go to a full trial that may require you to attend court, but those cases are very rare.

Fortunately, the cost of legal work for cases such as the one you describe is relatively minor and is cost-effective in protecting your interests. We don’t charge a fee to review the basics of a case and provide general information. You can then decide whether you would like to proceed or not in retaining our assistance in your matter without any obligation.

This is a great question! To the surprise of many people, an officer does not have to charge you or serve you with a ticket at the time of the infraction (when you committed the alleged offence). An officer has quite the flexibility when it comes to the time they must serve a defendant with a charge. They are permitted with this flexibility so that they may further investigate a collision or offence in order to gather the proper evidence needed for a charge. Sometimes, it may be waiting for additional witness statements to arrive from a driver that might have left the scene of a collision prior to police arrival.

The Provincial Offences Act (POA) governs how much time an officer has before they must charge you with an offence. It is also different depending on what type of ticket you receive. In Ontario, you could receive an offence under Part I of the Provincial Offences Act, or a more serious charge under Part III of the Provincial Offences Act. 

Part I Provincial Offences Act

If you are charged under Part I of the POA, the officer must charge you within 30 days of the offence. Part 1 charges are commonly less serious, and typically can be paid out of court by paying a monetary penalty.

Service of Part I

(3) The offence notice or summons shall be served personally upon the person charged within thirty days after the alleged offence occurred.  R.S.O. 1990, c. P.33, s. 3 (3) 

Part III Provincial Offences Act

If you are charged under Part III of the POA, the officer has up 6 months to “commence” the charge. This is different than the requirement for a Part I offence where the officer has a deadline to “serve” the ticket within 30 days. This means that if you were in an accident in the summer, you could potentially receive a visit from the police in the winter, pressing charges and requiring your attendance at court.

Part III charges are commonly more serious, they require your presence at court (or your representative) because they can not be paid out of court. They typically carry harsher penalties as well, such as a license suspension or even imprisonment in some cases.

Limitation Period Part III

76 (1) A proceeding shall not be commenced after the expiration of any limitation period prescribed by or under any Act for the offence or, where no limitation period is prescribed, after six months after the date on which the offence was, or is alleged to have been, committed. 

What to do if you are charged or think you may be charged in the future?

If you are charged by the police, it is important to immediately seek out the information that you will need to make important legal decisions. Being unaware of the law or the court process can result in legal missteps that can result in a conviction and penalties that will impact your life for years to come. Obtaining legal representation puts a licensed, knowledgeable, and experienced paralegal in the courtroom on your behalf to protect your interests in reducing or eliminating the consequences of a possible conviction.

Getting a speeding ticket is never a fun experience and can be a costly one as well. Not only from the fine amount but also the demerit points that will be imposed on your license. It is easy to lose track of your speed and your concern for these penalties. However, once a police officer is in your rear view with their lights flashing, the fear of these penalties being imposed quickly becomes your top concern. Typically, an officer will engage in a discussion with the driver of the vehicle while explaining the reason(s) for the stop. It is during this discussion the driver will commonly ask for a break and the officer can actually use their discretion to decide to lay a charge, give you a warning, or possibly a reduced charge. For example, an officer could clock you on radar going at a speed of 30 km/hour over the speed limit, but in fact charge you with an offence of speeding only 15 km/hour over. This reduction is significant as it now lowers the charge from a serious 4 demerit point offence, to a charge that carries 0 demerit points.

When an officer reduces the charge many believe they can not fight the ticket or risk facing more serious consequences. Let’s take a look at the common myths and questions asked when it comes to fighting a speeding ticket that has been reduced by an officer.

Can I still fight a speeding ticket if the officer reduced the charge at the roadside?

Yes, you can still fight the charge and obtain the officer’s evidence even if he reduced your speed at the roadside. You have the right to obtain this evidence and begin the dispute process with the court and exercise your legal rights. However, later on in the court process, it is important to know the risks one faces if they proceed to a trial in their matter.

The officer said if I fight my speeding ticket they will put it back to a higher speed automatically. Can they do this?

No, the officer has no authority to increase your charge just because you have chosen to fight the ticket and obtain the officer’s notes. You have the right to dispute the ticket and obtain the evidence against you. It is only once you enter into a trial that there is a possibility of the speed increasing and it is only once the prosecutor makes a formal application during the course of the trial.

As your legal representatives, we would be able to obtain the evidence against you, negotiate with the prosecution to have your charge reduced or entirely withdrawn, all while never exposing our client to an increase in their charge. We can guarantee you that your speed will NOT be increased.

Does the court automatically increase my ticket if I have a trial on a reduced speeding ticket?

No, it is not automatic. However, you will have a hard time finding a Justice of the Peace that will not increase the speed back to the original if properly requested by the prosecution. And remember, this can only happen once a trial is entered, there is evidence of a higher speed, and the prosecution has relied upon the case law of “R v. Winlow”. This is important case law that permits the court to increase an defendants speeding charge if there is evidence of a higher speed at trial. There are, however, some Justices of the Peace that do not agree with the case law and will not increase the fine. Unfortunately, there are very few I have come across that share this opinion.

Could I get my speeding ticket thrown out even if the officer already reduced it?

Yes, it is possible. You have the right to fight the charge and obtain the evidence against you. If there are serious errors in the prosecution’s evidence, we may be able to have your charge withdrawn or pressure for a further reduction of your ticket.

How to fight a speeding ticket that has been reduced?

If you are charged by the police, it is important to immediately seek out the information that you will need to make important legal decisions. Being unaware of the law or the court process can result in legal missteps that can result in a conviction and penalties that will impact your life for years to come. Obtaining legal representation puts a licensed, knowledgeable, and experienced paralegal in the courtroom on your behalf to protect your interests in reducing or eliminating the consequences of a possible conviction.

Speeding offences are one of the most frequently issued charges in Ontario. Speeding offence convictions generally result in three areas of penalty: fine, demerit points, and increased insurance costs.

Speeding fines increase as the rate of speed over the posted speed limit increases. There is a notable jump in the size of fine between 29 and 30 km/h over the posted speed limit. Hitting a speed of 50 km/h or greater over the posted speed limit can result in a much more serious offence of ‘Race Motor Vehicle’ being issued against you.

Demerit points in Ontario are as follows:

• +1 to +15 km/h – 0 demerit points
• +16 to +29 km/h – 3 demerit points
• +30 to +49 km/h – 4 demerit points
• +50 km/h or greater – 6 demerit points

As you gain demerit points you risk either triggering an interview with the MTO or an outright suspension of your driver’s license. Novice drivers such as G1 or G2 drivers also risk suspension if convicted of an offence that carries 4 or more demerit points.

Increased insurance costs are one of the consequences of a driving conviction that a defendant may not think of when deciding what to do with their ticket. Driving convictions can result in an increase to your insurance rate and may even force you to seek out ‘high risk’ insurance coverage if you no longer qualify for standard insurance coverage. The cost of a high risk insurance policy may also make insurance coverage unaffordable and thereby prevent you from being able to legally drive until such time as you are able to obtain affordable insurance again.

You can certainly fight a speeding ticket. We generally have a good idea on how a specific court will react to a certain profile of case given its history. Speeding charges are relatively inexpensive to hire us to fight on your behalf and doing so will put the weight of a licensed paralegal behind your legal defence at court. Our first goal is to review the evidence of the Prosecutor for any legal argument sufficient to have your speeding offence withdrawn. If there is no legal grounds to have the charge withdrawn, our second position is to negotiate the ticket to a lesser offence to mitigate the various penalties that you are facing. For the small portion of speeding cases that proceed to trial, you will have a licensed paralegal to properly present your defence for you.

Demerit points are important to every Ontario driver, but how do they work?  How many demerit points can you get before getting into trouble with the MTO?  Are the consequences for demerit points different depending on your class of license?  How are commercial motor vehicle drivers like transport truck drivers effected by demerit points?  Without a valid driver’s license the modern Ontarian will face serious difficulties with their day-to-day lives.  How will you get to work, medical appointments, grocery shopping, or get the kids to school?  If your job requires you to drive,, will you be fired?  If so, will you be prevented from finding new employment?

Let’s take a look!

How Do Demerit Points Work In Ontario?

If you pay a fine at court, enter a plea of guilt, or are convicted of an offence at court, that record of conviction is sent to the Ontario Ministry of Transportation (MTO).  When that record of conviction is placed into your driving history, the MTO will also apply any demerit points that are associated with the offence(s) of which you were convicted.

Demerit point penalties can range anywhere from 0 demerit points for very minor offences, all the way up to 7 demerit points for the most serious offences.  New drivers with a clean record start out with 0 demerit points.  As demerit points are accumulated, they are added together.  Demerit points are added together if they occur within two years of their original offence dates.

As you accumulate demerit points, the MTO may:

• Issue a warning letter
• Require you to attend an MTO interview where your license may be suspended
• Suspend your license without an interview

How Do Demerit Points Work For A Full G License?

The MTO lists the following driver’s license interventions based on demerit points accumulated:

2 to 8 points:
You will be sent a warning letter.

9 to 14 points:
Your license could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your license should not be suspended.

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your license could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any ServiceOntario Centre. You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview. Failure to pay the interview fee will result in the cancellation of your driver’s license.

15+ points:
Your license will be suspended for 30 days.

When your license is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your license.

If you do not surrender your license, you can lose your license for up to two years.

How Do Demerit Points Work For Novice driver Licenses?

The MTO lists the following driver’s license interventions based on demerit points accumulated for novice drivers (G1, G2, M1, M2, M1-L or M2-L licenses):

2 to 5 points:
You will be sent a warning letter.

6 to 8 points:
Your license could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your license should not be suspended.

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your license could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any ServiceOntario Centre. You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview. Failure to pay the interview fee will result in the cancellation of your driver’s license.

9 or more points:
Your license will be suspended for 60 days.

When your license is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your license.

If you do not surrender your license, you can lose your license for up to two years.

 What Happens if I am Convicted of an Offence Outside of Ontario?

You can receive a record of conviction and demerit points if you are convicted of an offence in:

• other Canadian provinces and territories
• the State of New York
• the State of Michigan

Examples of offences from outside Ontario that incur demerit points in Ontario include:

• speeding
• failure to obey a stop sign
• failure to obey a signal light
• failure to stop for a school bus
• racing
• failing to remain at or return to the scene of an collision
• careless driving

Criminal offences from outside Ontario that can result in a suspension of your Ontario driver’s license include:

• vehicular manslaughter
• criminal negligence
• dangerous driving
• failure to remain at the scene of a collision
• impaired driving
• driving while disqualified or prohibited

How Many Demerit Points Are There For A Traffic Ticket Offence?

A full and complete listing of demerit points can be found under Ontario Regulation 333/94.  Some of the most common offences and their demerit points are:

7 Demerit Points

• failing to remain at the scene of a collision
• failing to stop when signaled or asked by a police officer

6 Demerit Points

• careless driving
• stunt driving / racing
• exceeding the speed limit by 50 km/hour or more
• failing to stop for a school bus

5 Demerit Points

• failing to stop at an unprotected railway crossing (for bus drivers only)

4 Demerit Points

• exceeding the speed limit by 30 to 49 km/hour
• following too closely

3 Demerit Points

• driving while holding or using a hand-held wireless communications or entertainment device
• driving while viewing a display screen unrelated to the driving task
• exceeding the speed limit by 16 to 29 km/hour
• driving through, around or under a railway crossing barrier
• driving the wrong way on a divided road
• driving or operating a vehicle on a closed road
• failing to yield the right-of-way
• failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
• failing to obey the directions of a police officer
• failing to report a collision to a police officer
• failing to slow and carefully pass a stopped emergency vehicle or a tow truck with its amber lights flashing
• failing to move, where possible, into another lane when passing a stopped emergency vehicle or a tow truck with its amber lights flashing
• improper passing
• improper driving when road is divided into lanes
• improper use of a high occupancy vehicle lane
• going the wrong way on a one-way road
• crossing a divided road where no proper crossing is provided
• crowding the driver’s seat

2 Demerit Points

• improper right turn
• improper left turn
• improper opening of a vehicle door
• prohibited turns
• towing people — on toboggans, bicycles, skis
• unnecessary slow driving
• backing on highway
• failing to lower headlamp beams
• failing to obey signs
• failing to stop at a pedestrian crossing
• failing to share the road
• failing to signal
• driver failing to wear a seat belt
• driver failing to ensure infant/ child passenger is properly secured in an appropriate child restraint system or booster seat
• driver failing to ensure that a passenger less than 23 kg is properly secured
• driver failing to ensure that a passenger under 16 years is wearing a seat belt

What Are Escalated Sanctions For Novice Drivers?

Novice drivers (G1, G2, M1, M2, M1-L or M2-L) have to be especially careful of their driver’s license.  Not only do they have a smaller pool of demerit points than a fully licensed driver and experience consequences to their license much faster, but they are also subject to escalated sanctions penalties.  These are additional penalties applied under the following circumstances:

• convicted of breaking graduated licensing rules
• convicted of a Highway Traffic Act that has been designated by law to trigger escalated sanctions penalties
• convicted of a Highway Traffic Act offence that results in four or more demerit points (e.g., street racing, careless driving)
• subject to a court-ordered suspension for a Highway Traffic Act offence that would have otherwise resulted in four or more demerit points

The exact penalty that is applied against the novice driver is determined as follows:

• For a first offence: your driver’s license is suspended for 30 days.
• For a second offence: your driver’s license is suspended for 90 days.
• For a third offence: you will lose your novice license.  You will need to re-apply for your license and start all over, taking all tests and paying all fees. You will also lose any time discount you earned, any time you were credited, and any fees you have paid.

 Commercial Motor Vehicle Drivers And Demerit Points

Transport truck drivers and other commercial motor vehicle (CMV) drivers have to be exceptionally careful about their driving record.  A single conviction for a serious offence or multiple minor offences can result in being terminated by their current employer.  That driving record will also impact whether or not they can find employment with a new employer.  Being suspended or unemployable means no longer being able to earn an income.

Transport truck drivers convicted of an offence face the normal consequences that a regular driver would such as:

• Record of conviction
• Demerit points
• Increased insurance costs
• MTO warning letter, interview, or license suspension

However, they also potentially face a CVOR record of conviction and CVOR points.  To understand CVOR points and how they work, read our recent article:  Ontario Commercial Motor Vehicle Drivers.

How Can I Avoid Demerit Points from My Traffic Ticket?

if you have been charged by the police with a traffic ticket, the first important step is to know what penalties you are facing.  If you pay your ticket unaware of the licensing and insurance consequences, you will have fewer (if any) legal options to try and correct that mistake.  All of your legal options are open to you immediately after receiving your ticket or summons.  Our friendly staff can help navigate you what penalties you are facing and what legal options are available.

Generally, most cases can at least be negotiated at court to reduce the number of charges, the nature of the charges, or the penalties applied by the court.  Where possible, your paralegal will also be able to determine whether any legal argument is present to simply have your charge(s) thrown out completely.  While most people find the thought of attending court to be stressful, the vast majority of cases can be resolved by our staff without ever requiring you to attend court.  Put an experienced and licensed paralegal in the court room who knows the law and the court process.

Follow Too Closely offences fall under Ontario’s Highway Traffic Act.  These offences can be issued by the police to regular drivers or commercial motor vehicle drivers such as transport truck drivers.  Simply paying the ticket means that you are pleading guilty to the offence without providing your defence at court and being subject to court, licensing, and insurance penalties.

What is a Follow Too Closely offence and what are the consequences of being convicted?  Should you fight the charge at court or just pay it?

Let’s take a look!

What Is ‘Follow Too Closely’ According To The Law?

“Follow Too Closely” falls under section 158 of Ontario’s Highway Traffic Act.  Subsection (1) deals with regular vehicles such as drivers with a regular G license in their personal vehicle:

Headway of motor vehicles, generally

158 (1) The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway.  R.S.O. 1990, c. H.8, s. 158 (1).

Subsection (2) deals with commercial motor vehicles (CMVs) such as a driver with an AZ license in a transport truck:

Headway for commercial motor vehicles

(2) The driver of a commercial motor vehicle when driving on a highway at a speed exceeding 60 kilometres per hour shall not follow within 60 metres of another motor vehicle, but this shall not be construed to prevent a commercial motor vehicle overtaking and passing another motor vehicle.  R.S.O. 1990, c. H.8, s. 158 (2).

The first section, for regular drivers, is fairly ambiguous and open to interpretation.  The wording of HTA s.158(1) simply requires that the driver not follow the next vehicle closer than is ‘reasonable’ and ‘prudent’ taking into consideration vehicle speed, traffic, and road conditions.  There are no specific following distances by rate of speed or any guidelines on how traffic or road conditions should impact specifically how far behind the next vehicle you should be travelling.

Commercial motor vehicles however get a very specific guideline.  These vehicles must follow no closer than 60 meters when travelling greater than 60 km/h.  60 meters is roughly the length of three transport trucks (include both cab and trailer).  This would include smaller highways where the speed limit is 80 km/h or larger highways like the 400, 401, or 403 where the speed limit is 100 km/h.  HTA s.158(2) however does not speak to following distances for CMV drivers when their speed is 60 km/h or less.

How Can The Police Charge Me With Follow Too Closely?

There are two general scenarios under which Ontario drivers will find themselves charged with Follow Too Closely by the police:

• Due to a collision with another vehicle
• Due to following distance only

If you have been in a collision where you have rear-ended the vehicle ahead of you, you may be issued a Follow Too Closely offence.  This could be due to wet or icy roads and having not left enough following distance given the poor road conditions.  Or it could be due to having not left enough following distance to allow your vehicle to safely stop should the traffic ahead unexpectedly slow or come to a complete stop.

Scenarios where a driver is charged with Following Too Closely where no collision occurred are most common for commercial motor vehicles on highways.  In Ontario, the police have used police cars, drones, airplanes, and helicopters to observe transport trucks on the highways and how closely they are following other traffic.  A driver may have no idea that they are being observed by the police until it is too late and they are stopped by a officer who issues a charge .

What Are The Penalties For Follow Too Closely?

There are two ways that you can be charged with Follow Too Closely:

• A ticket
• A Summons

If you are charged with a ticket, your case will be argued at court by a Municipal Prosecutor.  Generally these are simpler cases and take less court appearances to resolve.  A ticket will generally list your fine on the lower section of the offence notice:

The fine is composed of a set fine, a $5.00 court cost, and a victim fine surcharge.  Charges that occur in a community safety zone, such as a school zone, have a higher fine than offences that occur in less safety-sensitive locations.

A summons is generally issued in more serious cases.  These cases are argued at court by a Provincial Crown Prosecutor and will generally be much more involved.  A summons does not list a specific court fine as the fine is determined by the court if you are convicted.  As HTA section 158 does not list a specific range of fine, the range of fine defaults to the general penalty for Provincial Offences:

61 Except where otherwise expressly provided by law, every person who is convicted of an offence is liable to a fine of not more than $5,000.  R.S.O. 1990, c. P.33, s. 61.

It is important to note that this fine is also subject to the victim fine surcharge which could lead to a maximum total-payable fine of $6,250.00.

How Many Demerit Points Do I Get For Follow Too Closely?

Whether charged as a regular driver or a commercial motor vehicle driver, by way of a ticket or a summons, or whether or not the offence occurred in a community safety zone, Follow Too Closely results in a 4 demerit point penalty upon convictions

How Many CVOR Points Do I Get For Follow Too Closely?

Commercial Motor vehicle drivers can receive 5 CVOR points for a Follow Too Closely conviction.  5 CVOR points is the maximum CVOR point penalty for a conviction under the Highway Traffic Act.  Being convicted could result in termination of employment and difficulty in obtaining new employment.

What If I’m A Novice Driver?

Novice drivers (i.e. G1, G2, M1, M2, M1-L or M2-L licenses) are subject to escalated sanctions penalties upon conviction of any single offence that carries 4 or  more demerit points (such as a conviction for Follow Too Closely).  Escalated sanctions penalties are on top of the regular penalties that would be incurred for a fully licensed driver as follows:

• 30-day license suspension for the first occurrence
• 90-day license suspension for the second occurrence
• License cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program or BDE credit would be forfeited when the license is cancelled. Please note that in the case of a hybrid driver, only the novice-class license is cancelled on the third occasion; their full-class license is maintained.

What Can I Do If I’m Charged With Follow Too Closely?

The first important thing to do is to seek out the information that you will need to know to make informed legal decisions.  A hasty or uninformed decision can result in an else wise avoidable conviction and having to face unnecessary penalties for years to come.  Our friendly team at OTD Ticket Defenders Legal Services can assist you with the basic information you need to help ensure that you know your options and are making informed decisions.

While the court process may seem confusing and intimidating, our experienced and knowledgeable paralegals can resolve most court cases without ever needing you to file a court document or appear in a court room.  Our team is here to help you.  Put their expertise in the courtroom on your behalf to fight for your rights and the best possible outcome at court.

If you have found yourself looking for help with a traffic ticket, odds are you have come across many different legal practitioners. The legal services industry is competitive, especially the legal industry fighting traffic tickets in Ontario. Businesses compete with each other in the marketing space to try and acquire new clients with aggressive ad campaigns and unfortunately, the competitive nature sometimes leads a company to make misleading or down-right false statements to their clients. Most individuals seek out the assistance of a paralegal for a traffic ticket offence, but remember, like any profession, not every professional is the same.

In my time as a prosecutor for the Ontario Court of Justice, I quickly learned that not all legal practitioners are the same. I met many and I learned a very true statement that I remind myself of routinely – you get what you pay for in this world. Like any purchase, people will like to shop around and try to get the best price. This is something that can be done to find a legal practitioner, however, I would strongly recommend erring on the side of caution to simply choose someone based on a low price or more importantly, a false promise.

Nobody wants to receive a traffic ticket, and when they get one, they just want it gone. Some do not want to negotiate. Some do not want a reduction. Some do not want demerit points. Some want the charge to disappear. But mostly, the individual wants to be promised that if they pay someone, the charge will disappear. They want to hear the magic words “I can guarantee you I will get this ticket removed”. So, that begs a very important question:

Can a Paralegal or Lawyer guarantee to have my traffic ticket thrown out?

No, absolutely not. Firstly, Paralegals and Lawyers in Ontario are regulated by the Law Society of Ontario. The Law Society of Ontario is very clear that no legal services provider may at any time make misleading or false promises to a client, such as a guarantee to have the charge thrown out in exchange for payment. It is prohibited to do.

Secondly, it is prohibited for a very good reason. If I were to guarantee an outcome on any legal matter, I would be lying. It is impossible to be able to know the outcome of the future of a legal proceeding. If anyone is able to see the future, I assure you, they are not fighting your traffic tickets for you.

What to do if someone is guaranteeing they will get rid of my traffic ticket?

I would exercise extreme caution and seek assistance elsewhere. You should hire a legal representative that you can trust to tell you the truth, not simply what you want to hear in the given moment. You are hiring a legal practitioner for their skill and expertise, do not hire them for their ability to tell you what you want to hear in a stressful situation.

What to do if you got a traffic ticket?

If you have received a traffic ticket, I strongly recommend getting a free consultation from our office. You can receive a free consultation from most legal service providers and these consultations will help the strong stand out from the rest. After receiving a consultation, it is always wise to check the reviews of the company as well.

It is a good idea to look into all of your options when you get a traffic ticket. An Agent will be able to use their experience to help you get the best result possible under your specific charge and circumstances.

Fighting a ticket usually takes between two and six months. While you are fighting a ticket, your insurance rate will not go up because your insurance company will only find out about a final conviction if it ends up on your driving record.

If you have an Agent to fight your ticket, you do not need to come to court, but sometimes a better result will happen if you are there. OTD Ticket Defenders Legal Services has many years of experience handling lots of different traffic tickets and criminal charges and can guide you through the process and advise you about whether it is in your best interest to come to court.

Most OTD Ticket Defenders Legal Services clients do not need to go to court at all. Instead, we meet at our office for an initial consultation and we take care of everything else for them related to their specific ticket or charge.

You certainly could get in trouble with the law for doing this. There is a section of the Highway Traffic Act that specifically prohibits such use of a vehicle:

Towing of persons on bicycles, toboggans, etc., prohibited

160. No driver of a vehicle or street car shall permit any person riding, riding on or operating a bicycle, coaster, toboggan, sled, skateboard, toy vehicle or any other type of conveyance or wearing roller skates, in-line skates or skis to attach the same, himself or herself to the vehicle or street car on a highway. 2015, c. 14, s. 48.

A conviction would result in a record of conviction on your driving record including a 2 demerit point penalty. If the offence occurred in a community safety zone, it is also possible that the fine issued against you could be doubled.

While dangerous driving and careless driving may sound like similar offences, there’s a big difference between the two charges. Dangerous driving is the more serious of the two offences and can result in significant jail time, high fines, and the creation of a criminal record.

What Is Careless Driving?

Careless driving is an offence under the Ontario Highway Traffic Act (HTA). It carries a maximum imprisonment term of two years, up to five years’ license suspension, and six demerit points on your driving record. However, it’s a non-criminal charge, meaning you will not have a criminal record after being convicted or pleading guilty to the offence.

On the other hand, dangerous driving—also known as dangerous operation of a vehicle—is a criminal charge under the Criminal Code of Canada. If you are convicted or plead guilty to dangerous driving, you will have a criminal record in addition to serving time, paying fines, and paying more for your insurance.

Examples of careless or dangerous driving include:

• Street racing
• Drifting or swerving between lanes
• Driving on the sidewalk
• Failing to obey road signs
• Driving with bulky, unsecured, or shifting cargo
• Following too closely
• Collisions

Any irresponsible driving could fall under the definition of careless or dangerous driving. Some offences could be charged under either law, making it vital for defendants to have an experienced traffic defence team that can get the charges reduced.

What Is Dangerous Driving?

In 2018, federal laws were changed regarding the dangerous operation of motor vehicles. Drivers are now included under legislation for dangerous operation of any conveyance—such as boats, trains, and even aircraft.

Criminal Code section 320.13 provides definitions and penalties for:

Dangerous operation.

Anyone who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public commits this offence.

Operation causing bodily harm.

Anyone who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and causes bodily injury to another person as a result commits this offence.

Operation causing death.

Anyone who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and causes the death of another person as a result commits this offence.

Penalties for Dangerous Driving

Dangerous driving can result in a wide variety of penalties based on the specifics of your case, such as your age, your previous driving record, and whether your behaviour caused any injuries. Some potential aggravating circumstances that could affect your sentence include:

Indictment.

A summary conviction for dangerous operation results in a maximum jail sentence of two years, while conviction on indictment may result in imprisonment for up to 10 years.

Failure to stop.

If you failed to stop after an accident or attempted to flee from a police officer, you will be charged with an indictable offence of dangerous driving and liable to face up to 10 years imprisonment.

High BAC.

Minimum fines increase along with a driver’s blood alcohol concentration. For a first offence, a driver whose BAC is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood must pay a fine of not less than $1,500. A driver whose BAC is equal to or exceeds 160 mg of alcohol in 100 mL of blood must pay a fine of not less than $2,000.

Bodily harm.

Dangerous operation resulting in physical harm carries a maximum prison term of 14 years, while dangerous operation causing death carries a potential life sentence.

Criminal negligence.

A driver who shows wanton or reckless disregard for the lives or safety of other persons can be held criminally negligent. For example, stunt driving that results in a fatal collision is punishable by possible life imprisonment.

Let Us Advise You During This Stressful Time

In order to get a conviction for dangerous operation, prosecutors must prove that the driver was aware that their actions posed an increased risk of danger to the public. In addition, many mitigating factors can result in reduced sentencing or conviction under the lesser charge of careless driving.

PLEASE NOTE: OTD LEGAL DOES NOT ASSIST WITH RED LIGHT CAMERA TICKET DEFENCE

As you’re approaching an intersection, the light turns red. At your current rate of speed, stopping is not an option. You proceed through but see a Red Light Camera flash in your rear window. A month passes and you receive a Red Light Camera ticket in the mail.

Red Light Camera tickets are used by municipalities to help reduce the number of vehicles that proceed through intersections after the signal has turned red. The penalty across Ontario for these tickets is a standard $260.00 fine plus Victim Fine Surcharge of $65.00 (total $325.00), set by the Provincial Offences Act.

Unlike getting pulled over by a police officer for running a red light, there is no demerit points involved and the ticket will not appear on your driving record or impact your insurance. This is because Red Light cameras have no way of identifying the driver of the vehicle. When these tickets are issued, they are issued and sent to the registered owner of the vehicle, regardless of if the registered owner was the driver at the time of the incident or not.
When given a Red Light Camera ticket, you typically have 15 days from the “deemed date of service” to respond, either by paying the ticket or disputing it.

Do not pay the ticket if you plan to dispute it. Instructions on how to proceed will be indicated on the ticket, either on the bottom of the paperwork or enclosed on a separate piece of paper.

Three Options If You’ve Received A Ticket For Running A Red Light

Trial Option

Appear before a Justice of the Peace, plead not guilty, and go to trial.

Early Resolution Option

Meet with a Prosecutor to discuss lowering the fine. You do not forgo the right to a trial by choosing this option. Since the fine is the only penalty associated with a Red Light Camera charge, this option probably makes the most sense to most drivers.

Guilty Plea Option

Pay the fine as is.

An Important Consideration When Asking For A Lower Fine For Running A Red Light

If you choose to ask the Prosecutor for a lower fine, you must plead guilty to the charge to accept the lower fine. If you present a defence to the charge, the Court may reject your guilty plea and push you to go to trial. The only other option at that point would or end up paying the full fine amount. Your conversation with the Prosecutor should focus on how the fine would have a negative financial impact on you.

If no response is made within 15 days, the ticket will be deemed undisputed, and you will be found guilty of the offence by default.

If the fine associated with the ticket is not paid by the due date (usually 15 days after conviction), shortly thereafter, the following penalties could occur:

License Plate

You will not be able to renew you license plate until the ticket is paid.

Late Fees

If you are late paying a Red Light Camera ticket, an administrative fee will be added to the fine amount.

Credit Score

Unpaid fines could be sent to collections by your local municipality and affect your credit rating.

The penalties for Red Light Camera tickets are limited to a monetary penalty with no insurance increase or demerit points. For this reason, we do not offer our services to fight Red Light Camera tickets.

If you have been charged with Red Light – Fail to Stop by a Police Officer however, you will receive 3 demerit points and the conviction will appear on your driving record. This could cause an insurance rate increase. We offer a free, no obligation consultation so you know what penalties you are facing. The first step is to send us a copy of your traffic ticket for one of our experienced paralegals to review.

PLEASE NOTE: OTD LEGAL DOES NOT PROVIDE PHOTO RADAR SPEEDING TICKET DEFENCE

Automated speed enforcement (ASE) cameras, commonly called “Photo Radar Cameras” are designed to minimize speeding and maximize safety. Due to this, they are frequently located in low-speed areas such as Community Safety Zones near schools, hospitals, or shopping centers. A Photo Radar Camera is active 24/7 and captures images of vehicles travelling over the posted speed limit. The images are then reviewed by Provincial Offence Officers before being issued to the registered owner of the vehicle. The registered owner of the vehicle will receive the ticket, regardless of if they were driving during the incident, as cameras are unable to identify the driver. Because no identity is made, there are also no demerit points associated with ticket, the ticket will not appear on your driving record, and it will not affect your insurance. If a vehicle is travelling at a high rate of speed (50 km/hr over the posted speed limit), instead of receiving a ticket with a fine amount on it, the registered owner will receive a summons to appear in court to assess the fine amount.

So, what happens when you receive an ASE ticket in the mail? When you receive a Photo Radar ticket in the mail you will typically have 15 days from the “deemed date of service” to respond, either by paying the ticket or disputing it. The total payable amount includes a Set Fine under Schedule D of the Provincial Offences Act, a victim fine surcharge, and applicable court costs. Do not pay the ticket if you plan to dispute it. Instructions on how to proceed will be indicated on the ticket, either on the bottom of the paperwork or enclosed on a separate piece of paper.

There Are Three Options If You’ve Received A Photo Radar Speeding Ticket

Trial Option

Appear before a Justice of the Peace, plead not guilty, and go to trial.

Early Resolution Option

Meet with a Prosecutor to discuss lowering the fine. You do not forgo the right to a trial by choosing this option. Since the fine is the only penalty associated with an ASE charge, this option probably makes the most sense to most drivers.

Guilty Plea Option

Pay the fine as is.

IMPORTANT: If you choose to ask the Prosecutor for a lower fine, you must plead guilty to the charge to accept the lower fine. If you present a defence to the charge, the Court may reject your guilty plea and push you to go to trial. The only other option at that point would be to pay the full fine amount. Your conversation with the Prosecutor should focus on how the fine would have a negative financial impact on you.

If no response is made within 15 days, the ticket will be deemed undisputed, and you will be found guilty of the offence by default. If the fine associated with the ticket is not paid by the due date (usually 15 days after conviction), shortly thereafter, the following penalties could occur:

• License Plate – You will not be able to renew you license plate until the ticket is paid.
• Late Fees – If you are late paying an ASE ticket, an administrative fee will be added to the fine amount.
• Credit Score – Unpaid fines could be sent to collections by your local municipality and affect your credit rating.

If you receive a Summons to appear in court, you must attend the court on the date and time provided on the Notice. You can, at that time, speak to the Prosecutor about lowering the rate of speed, thus lowering the associated fine. If this is agreed upon, you will have to enter a guilty plea to the amended rate of speed. You can also ask for more time to pay the fine, if required. Despite your attendance at court in front of a Justice of the Peace, the conviction will not appear on your driving record.

The penalties for Photo Radar tickets are limited to a monetary penalty with no insurance increase or demerit points. For this reason, we do not offer our services to fight these tickets.

If you have been charged with Speeding by a Police Officer however, you will likely receive demerit points and the conviction will appear on your driving record. At higher rates of speed, you could even face a vehicle impoundment, license suspension, possible jail time, and receive a Summons to appear in court. This would cause a significant insurance rate increase. We offer a free, no obligation consultation so you know what penalties you are facing. The first step is to send us a copy of your traffic ticket for one of our experienced paralegals to review.

PLEASE NOTE: OTD LEGAL DOES NOT ASSIST WITH PARKING TICKET DEFENCE

As you are approaching your car you see a ticket affixed to your windshield. The time on the parking meter you were using has expired and you have been given a parking infraction by your municipality.

You pull into a parking lot and see one last available parking spot. You pull in and leave your vehicle, only to return to a parking ticket for Parking in a Handicapped parking spot. You look around and realize you missed the signage for the parking spot and are illegally parked.

You are now wondering, what does this mean for you?

Parking infractions or tickets are issued by your municipality under their local by-law. Municipalities are given the power to create by-laws under the Provincial Offences Act. Parking tickets are Part 2 offences under the Act and are enforced by by-law officers. Due to the ticket being issued under a by-law, as opposed to the Highway Traffic Act, there will be no demerit points associated with your ticket and the ticket will not appear on your driving record. In turn, the ticket will, therefore, not affect your insurance.

When given a parking ticket, you typically have 15 days to respond, either by paying the ticket or disputing it. Do not pay the ticket if you plan to dispute it. Instructions on how to proceed will be indicated on the ticket. If no response is made within 15 days, the ticket will be deemed undisputed, and you will be found guilty of the offence by default.

If the fine associated with the ticket is not paid by the due date (usually 15 days after conviction), shortly thereafter, the following penalties could occur:

License Plate

You will not be able to renew you license plate until the ticket is paid.

Late Fees

If you are late paying a parking ticket, an administrative fee will be added to the fine amount.

Credit Score

Unpaid fines could be sent to collections by your local municipality and affect your credit rating.

The penalties of parking tickets are quite minimal and limited to a monetary penalty. Our fees to dispute tickets are usually much more than the fine on the ticket (parking tickets are usually under $100.00). Because of this, we do not offer our services to fight parking tickets.

If you have been charged with an offence other than parking, we offer a free, no obligation consultation so you know what penalties you are facing when you receive a charge. The first step is to send us a copy of your traffic ticket for one of our experienced paralegals to review.