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Legal
Types of Tickets

Stunt Driving, Racing,  

Stunt Driving, Racing came into effect  on October 1st,  2007. It  is a new legislation that Police now have to combat street racing and aggressive  drivers. This new law is called Racing, stunts, etc., prohibited and is at Section 172 of HTA. If a Police Officer believes you are breaking this law they can implement a range of consequences immediately on the spot. The Officer can (1) Suspend your License for 7 days, (2) impound the vehicle you were driving for 7 days, whether you owned the vehicle or not, (3), make you responsible for cost to tow the vehicle, and (4) make you responsible for daily storage fees of the vehicle while is impounded. 

How do you get Stunt, Racing etc, Prohibited Charges?:
Driving 50km/hr or more over the posted speed limit.
Sitting at a red light and spining/smoking your tires.
Spining your tires while driving away.
Popping wheelies on a motocycle
Racing another vehicle
weaving in-and out of traffic. 

Penalty for Stunt Driving  Conviction
In addition to the towing cost, impound cost and losing your vehicle and driver's licence for 7 days when you were charged, if you are convicted at trial for Racing, Stunts, Etc., prohibited,  you will face the following  penalties;
(1)A Possible jail sentence of not more than six months.
(2)A Driver's licence suspension for not more than two years for a first conviction and up to 10 years for subsequent convictions which is committed within 10 years.
(3) Your driver's licence will gain 6 demerit points
(4) A fine of not less then $2,000 dollars to a maximum of $10,000.
(5) If the impounded vehicle was not yours, the law allows the owner to sue you for cost incurred while the vehicle was abscence for 7days.

 Note: Stunt driving charge is usually in addition to other charge(s), i.e: weaving in-and-out off traffic will likely lead to Careless Driving charge and the a second charge of stunt driving,  at officer's discretion. If you are found not guilty at trial, you will NOT be reimbursed for any expenses If convicted of Stunt Driving, Racing etc Prohivited you suffer major  insurance complicaiton similar to a Careless Driving conviction. Luckly Baystreet Legal  is available to guide you through each step of the way. This is one of the worst charge you could get under the HTA and should not be taken lightly. for professional assistance Contact Us via, phone, fax or email.

Careless Driving
If charged with Careless Driving you will definitely want to be represented by the professionals at Baystreet Legal. It is one of the most serious charge under the HTA of Ontario

How do you get Careless Driving Charge?:

Careless driving charges unsually occurrs as a result of an accident. You will also get Careless Driving charge from weaving in and out of traffic at a high rate of speed.

Penalty Careless Driving Conviction:
The penalty for Careless Driving depends on either part 1 or part III was issued. In both cases you will gain 6 Demerit points on your driving abstract. Your auto insurance premium will increased substantially for the next 5 years. Some insurance companies will cancel your policy base on your high risk status.  Look at the two types of Careless driving below for specific consequence for part 1 or III offence.

Two Types of Careless Driving charges?:
CARELESS DRIVING TICKET, Part 1
Maximum fine of $325 levied against you.
You gain 6 Demerit points on your  Driver's Abstract
(G1 or G2 you will be called in for interview and likely lose your drivers licence for 30 days) 
Your insurance premiium will most likely increase substantially. 

CARELESS DRIVING SUMMONS, Part III,
Summons ordering you to attend court on a specific date.
If you do not appear a warrant may be issued for your arrest
A Fine from $200- $1,000
Imprisonment for up to 6 months
Drivers licence suspension for up to 2 years
Court may implement driving prohibition.
 Your Insurance premium will most likely increase substantially.

Note: A Careless Driving charge is best described as a ‘blanket or global charge’ - meaning that most officers are instructed by their superiors to lay this charge in most accident situation. This global charge means it covers all other Highway Traffic Act charges that could/should have been laid instead of Careless Driving. If you’re in stop and go traffic and rear end someone, is that Careless Driving? Losing control and driving off the road into the ditch – is that Careless Driving? To the officer who handed it to you it is.  Careless Driving is one of the most serious charge in the HTA and a convition will result in the consequences laid out, make sure you have the Traffic Ticket EXPERTS  at Baysstreet Legal by your side to increase your chances of successfull outcome.
 
Driving Under Suspension
Driving under suspension in one of the worst ( most punitive ) offence under the HTA. Many drivers have been sent to jail for this violation. If you get conviction of this offence the six months  suspension are statute bound and can not be negotiated.

How do you get Driving Under Suspension Charge?:
Have unpaid traffic tickets. 
Gaining 15 demerit points on your driving abstract as G driver.
Gaining 9 demerit points on yoiur driving abstract as G1 or G2 driver.
Told by Ministry of Transportation staff of DL suspension or did not attend the meeting.
Did not pay driving related fine by the due date.
Receive a suspension notice in the mail
Drove after PC issued suspension notice to you. 

Penalty for Driving Under Suspension
(1)A Possible jail sentence of not more than six months.
(2)A Driver's licence suspension for not more than  six months  in addition to any other period for which the licence is suspended.
(3) A fine of not less then $1,000 dollars to a maximum of $5,000 for first conviction.
(4) For subsequent conviction the fine becomes $2000 to $5000.

Note: Driving under suspension charges are very serious in the fact that you could be sent to jail for violation of same. Violation of this charge in the HTA is the one the  Justice is most likely will sent you to jail, more so than any of the other charges. If you have be charged with Driving under suspension, don't take it lightly, contact the Traffic Ticket EXPERTS at Baystreet Legal, either by phone, fax or email. Yes, Yes, you could go to jail in traffic court.

No Insurance
Operate motor vehicle without insurance has major financial ramification that could be handed down in the courts.

How do you get Driving Under Suspension Charge?:
You get this ticket when your insurance expire and it's not renewed and you are caught driving.
If your monthly insurance premium withdrawal return NSF and your are caught driving.
You take a plate that is insured with vehicle "A" and attach it Vehicle "B" that is not insured

Penalty for No Insurance
(1)A fine of $5,000.00 to $25,000.00 for first conviction. 
(2)A fine of $10,000.00 to $50,000.00 for second conviction
(3)A Driver's licence suspension for not more than  one year.
(4)The Justice will take your drivers license from you, if you are suspended.
(5)If you are involved in an accident, all expenses resulting from damages incurred in the collision would be yours.
(6)You will be responsible for future claim from an insurance company or uninsured motor association of Ontario 

Note:Many drivers pay their first and last to an insurance company and cancel the policy or bounce the first monthly withdrawal of the premium as soon as they receive the certificate of insurance covering them for one year. This move is asking for double trouble. When an officer stops you for insurance related offence, the slip you give him will be copied and the insurance company will be contacted then or at a later date. Within days or weeks of your release when the officer finds out that the vehicle was not insured. The officer will come to your place of residence and charge you with two offences:(one) C.A.I.A. 2(1)(a) Operate motor Vehicle Without Insurance and (two) C.A.I.A. 2(3)(b)Produce False Evidence of Insurance. The second charge carries the same panalties as it has been listed for the first. You will then have two charges to face instead of one.


Speeding
Speeding charges in the Province of Ontario is considered to be an absolute liability, meaning the Prosecution does not have to prove that you intended to speed to obtain a conviction. All the prosecution has to establish/prove is that you were driving beyond the posted maximum speed limit.

The penalty for speeding tickets in Ontario goes beyond the demerit points and paying the fine. Your driving privileges can be revoked and your insurance rates can be dramatically affected to the point of non-affordability.

How do you get Speeding Ticket charge?:
Driving faster then the speed of traffic
Weaving in and out of traffic, so you becomes noticable to the officer.
Driving fast in the slow lane(far right lane), because it easy to pull you over in that lane  

Penalty for Speeding
(1)A fine of minor to major amount. 
(2)The possibility other charges with severe consequences, ie: stunt or careless.
(3)The possibility of criminal charges such as Dangerous driving..
(4)suspension of Driver's License..
(5)Gain demerit point on your driving abstract.
(6)Increase insurance premiums, sometimes to facility (high risk-high premium) insurance. 

50+ km/hr, $9.75 for each km over the speed limit,  7 days licence suspension and Vehicle impounded  6 Points
30 to 49 km/hr over, $7.50 for each km over the speed limit 4 Points
16 to 29 km/hr over, $4.50 for each km over the speed limit
1 to 15km/hr over,    $3.00 for each km over the speed limit 
3 Points
0 Points

 Note:Although, speeding charges are absolute  liabilty offense, our legal EXPERT at Baystreet Legal can introduce strict liability defense to your speeding charge defense supported by historical case laws. We can file motions to have your speeding charge withdrawn for delay or administrative error. As a last option in protecting your best interest, you case will be pre-trial with the intention of reducing points and fine against you. Call as today and let the EXPERTS at Baystreet Legal guide you through the maze of legal complication.

  Failing to Remain at the Scene of Accident
Failing to remain after an accident has major consequences.

How do you get Fail to Remain charge?:
Leaving the accident scene before a police officer arrives.
Leaving the accident scene and not returing to said location immediately.
 

Penalty for Fail to Remain
(1)A fine of $200.00 to $1,000.00 for a conviction. 
(2)An imprisonment for not more than (6) six months.
(3)A Driver's licence suspension for not more than  two years.
(4)Gain 6 demerit points on your driving abstract.
(5)The justice also has within his/her power to implement a compination of fines, imprisonment and Driver''s license suspension. 

Note: Failing to remain carries one of the highest ( seven) points one could gain for a single offence on their driving abstract for a HTA offence. The experience legal EXPERT at Baystreet Legal will fight vigorously on your behalf  with the intention of  eliminating the charge or reducing the consequences to you. Contact us today by either  by phone, fax or email. You will get a response in 24 business hours.
 

 

 Other Type of Tickets and Associated Points

  

The following are a list of driving offences and the demerit points associated. The ones with major consequences are explained in detail above. Please note, insurance related offences and Drive under suspension  has major financial/suspension ramification ano doints attachment:

7 Points
  • Failing to remain at the scene of a collision
  • Failing to stop when signaled/requested by a police officer
6 Points
  • Careless Driving
  • Racing
  • Exceeding the speed limit by 50 km/h or more
  • Failing to stop for a school bus
5 Points
  • Driver of a bus failing to stop at an unprotected railway crossing
4 Points
  • Exceeding the speed limit by 30 to 49 km/h
  • Following too closely
3 Points
  • Exceeding the speed limit by 16 to 29 km/h
  • Failing to yield the right-of-way
  • Failing to obey the directions of a police officer
  • Failing to report a collision to a police officer
  • Crowding the driver's seat
  • Driving or operating a vehicle on a closed road
  • Driving through, around or under a railway crossing barrier
  • Failing to obey a stop sign, traffic light or railway crossing signal
  • Driving the wrong way on a divided road
  • Improper driving when road is divided into lanes
  • Going the wrong way on a one-way road
  • Crossing a divided road where no proper crossing is provided
2 Points
  • Improper opening of a vehicle door
  • Towing people - on toboggans, bicycles, skis, etc.
  • Failing to stop at a pedestrian crossing
  • Improper right turn
  • Failing to signal
  • Reversing on a divided high-speed road
  • Driver failing to ensure that a passenger less than 23 kg is properly secured
  • Prohibited turns
  • Failing to obey signs
  • Failing to share the road
  • Improper left turn
  • Unnecessary slow driving
  • Driver failing to wear a seat belt
  • Driver failing to ensure that a passenger under 16 years is wearing a seat belt

Demerit Points, Offence Type and H.T.A.

7 Points

  1. Failing to remain at the scene of accident - Section 200 of the H.T.A.
  2. Failing to stop, when signaled/requested by a police officer - Section 216 of the H.T.A.

6 Points

  1. Careless Driving - Section 130 of the H.T.A.
  2. Racing - Section 172 of the H.T.A.
  3. Exceeding the speed limit by 50 km per hour, or more - Subsections 175 (11) & (12) of the H.T.A.

5 Points

  1. Driver of a public vehicle or school bus, failing to stop at unprotected railway crossing - Subsections 174 (1) & (2) of the H.T.A.

4 Points

  1. Exceeding the speed limit by 30 to 49 km per hour - Section 128 (b) of the H.T.A.
  2. Following too closely - Section 158 of the H.T.A.

3 Points - There are 17 different driving offences in which your driving record may gain 3 points:

  1. Exceeding the speed limit by 16 to 29 km per hour - Section 128 (c) of the H.T.A.
  2. Failing to yield right of way - Subsections 135 (2) & (3), Subsections 136 (1) (b), 136 (2), 138 (1), 139 (1), 141 (5), 144 (7), (8) & (21), of the H.T.A.
  3. Failing to obey the directions of a police officer - Subsection 134 (1) of the H.T.A.
  4. Failing to report a collision to a police officer - Subsections 199 (1) & (1.1) of the H.T.A.
  5. Crowding the driver’s seat - Section 162 of the H.T.A.
  6. Driving or operating a vehicle on a closed road - Subsection 134 (3) of the H.T.A.
  7. Failing to slow and carefully pass a stopped emergency vehicle - Subsection 159.1(1) of the H.T.A.
  8. Improper passing - Subsection 148 (8) & Sections 149, 150 and 166 of the H.T.A.
  9. Driving through, around or under a railway crossing barrier - Section 164 
  10. Failing to obey a stop sign, traffic control stop/slow sign, traffic/signal light or railway crossing signal or school crossing stop sign - Clause 136 (1) (a), Subsections 144 (14), (15), (16), (17), (18), (21), Section 146.1 (3) & , Section 163 and Subsection 176 (3) of the H.T.A.
  11. Driving the wrong way on a divided highway/road - Clause 156 (1) (a) of the H.T.A.
  12. Improper driving where highway/road is divided into lanes - Section 154 of the H.T.A.
  13. Going the wrong way on a one way street or highway - Section 153 of the H.T.A.
  14. Crossing a divided highway/road where no proper crossing is provided - Clause 156 (1) (a) of the H.T.A.
  15. Failing to move, where possible, into another lane when passing a stopped emergency vehicle, if it is safe to do so - Section 159.1 (2) of the H.T.A.
  16. Improper use of a high occupancy vehicle lane - Subsection 154.1(3) of the H.T.A.
  17. Motor vehicle equipped with and/or carrying a speed measurement warning device (radar detector) - Subsection 79 (2) of the H.T.A.

2 Points -  There are 17 different driving offences in which your driving record may gain 2 Points:

  1. Driver failing to properly wear a seat belt - Subsection 106 (2) of the H.T.A.
  2. Driver failing to ensure that a passenger, under 16 years of age, is properly wearing a seat belt - Subclause 106 (4) (a) (i) of the H.T.A.
  3. Driver failing to ensure that a passenger, less than 23 kg is properly secured - Subsection 8 (2) of Regulation 613 of the Revised Regulations of Ontario, 1990.
  4. Driver failing to ensure infant/child passenger is properly secured in an appropriate child restraint system or booster seat - Subsection 8 (3) of Regulation 613 of the Revised Regulations of Ontario, 1990.
  5. Driver failing to ensure child passenger is secured as prescribed - Subsection 8 (4) of Regulation 613 of the Revised Regulations of Ontario, 1990.
  6. Failing to stop at a pedestrian crossing -Subsections 140 (1), (2) & (3) of the H.T.A.
  7. Improper right turn - Subsections 141(2) & (3) of the H.T.A.
  8. Improper left turn - Subsections - 141(6) & (7) of the H.T.A.
  9. Prohibited turns - Section 143, Subsection 144 (9) of the H.T.A.
  10. Failing to obey signs (under regulation Section 182 (1) ) - Subsection 182 (2) of the H.T.A.
  11. Failing to signal - Subsections 142 (1), (2) & (8) of the H.T.A.
  12. Failing to share the road - Subsections148 (1), , (4),(5), (6) & (7) of the H.T.A
  13. Backing up on a highway - Subsection 157 (1) of the H.T.A.
  14. Unnecessary slow driving - Section 132 of the H.T.A.
  15. Failure to lower headlamp beams - Section 168 of the H.T.A.
  16. Improper openning of a vehicle door - Section 165 of the H.T.A.
  17. Towing people – on toboggans, bicycles, ski’s, skate boards, rollerblades, etc. prohibited- Section 160 of the H.T.A.