Highway Traffic Act Offences

The Dangers of Highway Traffic Act Offences

When most people in the Greater Toronto Area get a speeding ticket, they simply pay the ticket. You may be surprised to learn that sending in the payment is an admission of guilt, which has consequences that could come to haunt you. Other than speeding, there are several other Highway Traffic Act Offences as captured by the Ontario’s Highway Traffic Act (HTA).

Note that Highway Traffic Act offences are the most commonly tried offences in Provincial Offences court with over 1.3 million offences being tried each year. The most common of these (in order of frequency) are:

• Speeding

• Red light – proceeding before the green light

• Driving a motor vehicle with no currently validated permit

• Disobeying stop sign (failing to stop)

• Driving while holding a hand-held communication device

Other than the obvious financial cost, speeding 15 kilometers per hour over the limit leads to demerit points. Demerit points are added after every conviction of a Highway Traffic Act offence, not just speeding. The demerit points stay on your record for 2 years from the date of the offence.

Your license will be suspended for 30 days if you have over 15 points (for an old driver) and for 60 days if you have more than 9 points for a new driver. Note you also get demerit points when you are convicted of violating driving laws in other Canadian territories and provinces and in the States of New York and Michigan.

You should hire a lawyer if you are accused of a Highway Traffic Act offence because there is a risk of jail time and an increase in premiums with some offences, an example being driving while your licence is under suspension.

At Costa Law Firm, we have a team that has many years of experience handling Highway Traffic Act offences in the GTA.

Some offences attract driving prohibitions and substantial fines. We will argue your case to minimize the driving prohibitions and fines if it is not possible to have the case dismissed altogether.

One alternative to pleading guilty by paying the fine is attending a resolution meeting with the Crown prosecutor to argue for a reduced penalty. We will appear before the prosecutor on your behalf, which is important because our engagement will be devoid of emotions and we know our way around the prosecutor’s office. We will present your driving record, the seriousness of the charge, and whether the ticketing officer had already reduced the charge in your defence.

Another alternative to pleading guilty is going on trial. If the case ends up in trial, we will write to the office of the Crown prosecutor to request your disclosure before your appearance in court. We will go through the disclosure, which consists of the handwritten notes from the ticketing police officer, keenly to put up a proper defence. Our criminal defence lawyer Toronto will look for what is missing and use this to poke holes in the prosecutor’s case, keeping in mind that according to Justice Feldman’s decision in R. v. Vancrey, the prosecutor has to prove the offence.

Talk to our criminal lawyer Toronto on 416-535-6329 for a free consultation on highway traffic act offences.

Evelyn Burnette
Evelyn Burnette
06:08 12 Mar 18
We have a family business and one day we found ourselves in a legal situation in which we felt completely overwhelmed and helpless. We quickly realized there’s a whole different world out there that we know nothing about. Reached out to David and he quickly wrapped himself around our case. We know he was working around the clock. In a matter of days, we had a solid argument. He is sharp, candid and a true professional. Not sure how an attorney can help a client ANY better. Absolutely no hesitation recommending him.
Julia Austerlitz
Julia Austerlitz
00:15 10 Mar 18
When I was looking for a divorce lawyer, the most important thing to me was finding someone who would be easy to communicate with. I was anticipating a nasty custody battle and the last thing I wanted was a lawyer who was hard to get a hold of or who didn’t make me feel like my case was a priority. David Costa and Robin Mann were exactly what I was looking for. They responded quickly to all of my emails, took all of my concerns very seriously and above all, is very knowledgeable about family law. This was such a difficult phase of my life and they helped me to get through to the end of it with the best possible outcome. I highly recommend this law firm.
Ben Valencia
Ben Valencia
12:47 09 Mar 18
Mr. Costa and his wonderful assistant couldn't have been anymore professional. It's unfortunate I had to meet them under these circumstances but I wouldn't have chosen anyone different to represent me if I could. They’ve always kept me up to date on things I needed to get done and both were available when I had questions. They are first class in my book.
Daniel Hardison
Daniel Hardison
06:56 09 Mar 18
Have utilized David's services several times over the last five years. He always is quick to respond (even when he was on vacation), knows the real estate business inside out. His expertise always gives me the confidence the deal is done right.
Kate Miller
Kate Miller
20:08 13 Dec 17
Costa Law were a tremendous help in solving my legal issues. David and his team were professional, efficient, thorough and compassionate. Everyone involved capably assisted me in understanding the issues and the possible outcomes. I could not be happier with the results and would encourage anyone needing legal help to contact them. Best law group in the town. Thanks to everyone at Costa Law!!!
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