Toronto Criminal Defence Lawyers Defending Against Highway Traffic Offences

While a necessity for many, driving in Ontario comes with the responsibility of adhering to the Highway Traffic Act, a complex piece of legislation governing the rules of the road. Facing charges under this Act, whether for a seemingly minor infraction or a serious criminal offence, can be an overwhelming experience. The potential consequences, ranging from fines and demerit points to licence suspensions and imprisonment, can significantly impact your life.

At Over 80 Law by Stephen Price & Associates, our seasoned criminal defence lawyers, with over 60 years of collective experience, are dedicated to protecting your rights and preserving your driving privileges. We provide strategic legal counsel, navigating the intricacies of the Highway Traffic Act and the Criminal Code of Canada to ensure the best possible outcome for your case.

Consequences of Highway Traffic Offences in Ontario

The Highway Traffic Act is comprehensive legislation designed to ensure road safety. However, the consequences of violating its provisions extend far beyond mere fines. A conviction can lead to a cascade of repercussions, including:

Demerit Points: Accumulation of demerit points can trigger licence suspensions and increased insurance premiums.
Licence Suspensions: Depending on the severity of the offence, your driver’s licence may be suspended for a specified period, impacting your ability to commute, work, and maintain your daily routine.
Vehicle Impoundment: Certain offences, such as stunt driving, can result in the immediate impoundment of your vehicle.
Increased Insurance Premiums: A conviction on your driving record can lead to substantial increases in your insurance premiums, making it significantly more expensive to maintain coverage.
Criminal Charges: In severe cases, particularly careless driving causing bodily harm/death or stunt driving, you may face criminal charges under the Criminal Code.
Imprisonment: Certain offences, especially those involving repeated violations, serious bodily harm, or death, can result in imprisonment.

Ontario Highway Traffic Act Offences

The Highway Traffic Act encompasses a broad spectrum of offences, each with its own penalties. Understanding the nuances of these offences and the potential ramifications of a conviction is crucial.

Careless Driving

In Ontario, careless driving is a serious traffic offence defined by section 130(1) of the Highway Traffic Act as driving a vehicle or street car on a highway or specified place without due care and attention or reasonable consideration for others. This encompasses a broad spectrum of unsafe behaviours, including:

Distracted driving (texting, eating, adjusting controls);
Failure to yield;
Following too closely;
Improper lane changes;
Disregarding traffic signals or signs; and
Driving at unsafe speeds, regardless of the posted limit.

Penalties for careless driving are significant and designed to deter unsafe road conduct. These penalties can include substantial fines or imprisonment and licence suspensions. Furthermore, a careless driving conviction invariably results in increased insurance premiums, and if a collision occurs, the driver may face civil lawsuits for damages.

Careless Driving Causing Bodily Harm or Death

Careless driving causing bodily harm or death (section 130(3) of the Highway Traffic Act) is a much more serious charge than simple careless driving. It is triggered when careless driving directly results in severe injuries to another person or their death.

The penalties reflect the gravity of the consequences, including significantly higher fines than those for simple careless driving, lengthy licence suspensions, and imprisonment of up to two years.

In addition to Highway Traffic Act charges, the driver may face criminal charges such as criminal negligence causing bodily harm or criminal negligence causing death. Convictions under these charges carry even harsher penalties and longer prison sentences (including, for criminal negligence causing death, the possibility of life imprisonment). These offences have a devastating impact on victims and their families, both physically and emotionally.

Racing and Stunt Driving

Racing and stunt driving are prohibited under section 172 of the Highway Traffic Act and pose a significant risk to public safety, endangering the driver, other road users, and pedestrians. It encompasses a wide range of dangerous and reckless driving behaviours and is not limited to traditional street racing, including:

Excessive speeding, often 50 km/h or more over the posted limit;
Performing burnouts or doughnuts, driving with wheels lifted off the ground;
Driving in a manner that indicates an intention to prevent another vehicle from passing; and
Driving too close to other vehicles, pedestrians, or objects.

The penalties are designed to deter these dangerous behaviours and include immediate roadside licence suspensions, vehicle impoundment, significant fines ranging into thousands of dollars, further licence suspensions upon conviction, and the possibility of jail time for repeat offenders or those involved in particularly egregious cases. Insurance companies treat stunt driving convictions exceptionally harshly.

Driving While Driver’s Licence Suspended

Driving with a suspended driver’s licence is illegal, as per section 53 of the Highway Traffic Act. Licences can be suspended for various reasons, including accumulation of demerit points, medical suspensions, criminal convictions such as impaired driving, and failure to pay fines.

The penalties for driving while your driver’s licence is suspended include substantial fines, which can be very high depending on the reason for the suspension, extended licence suspensions, the possibility of jail time (particularly for repeat offenders or those who drive while suspended for serious offences), and vehicle impoundment. If involved in a collision, the driver will likely have no insurance coverage, leaving them personally liable for damages.

Escape by Flight (Failing to Stop for Police)

Escape by flight, or failing to stop for police, is a serious offence that undermines law enforcement’s authority and endangers public safety. These situations can escalate quickly, leading to high-speed chases and increased risk of collisions.

Escape by flight is prohibited under section 216(3) of the Highway Traffic Act. The penalties include heavy fines, licence suspensions, the possibility of jail time, especially for repeat offenders or those who pose a considerable risk, and the potential for criminal charges such as dangerous operation (dangerous driving) or flight from police, which carry even harsher sentences.

Proven Criminal Defence for Highway Traffic Charges: the Over 80 Law Advantage

Over 80 Law delivers a strategic advantage through its comprehensive experience in Canadian traffic and criminal law and over 60 years of collective defence experience. We craft personalized defences, meticulously analyze evidence, and fiercely protect your rights throughout the legal process. Through skilled negotiation and advocacy, we focus on minimizing consequences—fines, suspensions, or imprisonment.

When you work with us, you’re backed by an entire team, not just one lawyer. Your primary lawyer leads your case, but our firm-wide collaboration, including experienced lawyers and a skilled student, strengthens your defence. This team approach leaves no detail overlooked—without adding to your legal costs. With client-centred service and 24/7 availability, we ensure you receive unwavering support and effective representation at every turn.

Contact Over 80 Law by Stephen Price & Associates for Skilled Representation Driving Charges in Toronto

If you are facing driving charges under the Highway Traffic Act or the Criminal Code of Canada, do not hesitate to contact Over 80 Law by Stephen Price & Associates. Our team of knowledgeable criminal defence lawyers has successfully defended thousands of clients against a comprehensive range of driving-related offences, including highway traffic violations, impaired driving charges, and related offences such as failure or refusal to comply with demand and dangerous operation (dangerous driving).

Wherever you are in Ontario, we are here to help. We proudly serve all cities, towns, and remote communities throughout the province in person and online, including Toronto, Ottawa, Hamilton, Barrie, Kingston, Guelph, Sudbury, Thunder Bay, and Kenora. Contact us by phone at 416.365.0766 or by email to schedule a confidential consultation.