Highway Traffic Act Offences Lawyer Toronto

The Highway Traffic Act is Ontario legislation that regulates the classification of traffic offences and vehicles, the licencing of vehicles, and deals with other transport-related issues.

Under section 32(1) of the Highway Traffic Act, no person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver's licence issued to him or her under this Act. There is a set fine of $260.00. There is no jail time, but your future insurance will most likely be impacted.

It is also an offence under section 53 of the Highway Traffic Act to drive while one's driver's licence is suspended. This offence carries a more serious penalty.

• For a first offence: a fine of not less than $1000, but not more than $5000
• For each subsequent offence: a fine of not less than $2000, but not more than $5000;
• OR to a term of imprisonment of not more than six months;
• OR to both a term of imprisonment AND a fine (the minimum fine varying based on whether it is a first or subsequent offence)

A Provincial Offence is any act or omission that can result in quasi-criminal charges to be laid. These types of charges can be filed by the Provincial Crown, as well as prosecutors from other provincial agencies, such as the Ministry of the Environment, Ministry of Finance, Employment Standards Branch, Occupational Health and Safety, and Residential Tenancies (Investigations Branch. Examples of provincial legislation that people are commonly charged under include:

• Highway Traffic Act charges such as speeding or traffic violations;
• Environmental Protection Act
• Occupational Health and Safety Act
• Dog Owners' Liability Act; and
• Trespass to Property Act.

There are various defences available in cases involving Highway Traffic Act charges, including, but not limited to:

• Factual Innocence: Where the Crown is unable to prove the elements of the offence beyond a reasonable doubt;
• Due Diligence (i.e. in a careless driving case);
• Necessity;
• No Knowledge (i.e. in a fail to remain case);
• Reasonable Excuse (i.e. due to a medical emergency);
• Technical errors in the offence notice (which the court can rectify).

While provincial offences (such as those under the Highway Traffic Act) may not form part of one's criminal record, there can still be significant penalties, such as large fines, and even imprisonment. One's insurance rates will also likely be impacted.

The potential penalties for a conviction of Failing to remain at the scene of an accident under the Highway Traffic Act are as follows:

• A minimum fine of $200, up to a maximum of $2000; OR
• to a term of imprisonment for not more than six months; OR
• To both a fine and imprisonment; AND
• Potentially a licence suspension for a period of not more than two years.

A conviction for failing to remain may also impact your motor vehicle insurance rates.