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TRAFFIC TICKET LAW
Win Tickets Or Money Back
“Win” means, our Lawyers & Law Students will win, or reduce penalties imposed by law or reduce original offence down to lower offence or withdraw offence (example – demerit points, fine, licence suspension, seizure of vehicle, jail term, community service, restitution, probation, suspended sentence or conviction on driver’s record
“Money Back” means: if our law student does not reduce penalties imposed by law or reduce original offence down to lower offence or withdraw original offence then you will get your money back
Provincial and Federal statutes:
- Highway Traffic Act, R.S.O. 1990, c. H.8
- Provincial Offences Act, R.S.O. 1990, c. P.33
- Compulsory Automobile Insurance Act, R.S.O. 1990, c. C.25
- Evidence Act, R.S.O. 1990, c. E.23
- Police Services Act, R.S.O. 1990, c. P.15
Your insurance company will hold convictions against you for 3 years and assess insurance risk points depending on the seriousness of the offence.
A total of 4 or more insurance risk points will force you into high risk facility insurance causing insurance premiums to increase.
Below you will find the insurance risk point system for drivers;
Operate motor vehicle without insurance, C.A.I.A., Section 2(1)(a)
-or-
Permit motor vehicle to be operated without insurance, C.A.I.A, Section 2(1)(b)
-or-
Produce false insurance, C.A.I.A., Section 2(3)(b)
1st Offence
Fine – $5,000 MINIMUM plus 25% surcharge tax = $6,250
Lose licence – up to 1 year
Seize vehicle – up to 90 days + daily storage
2nd Offence
Fine – $10,000 MINIMUM plus 25% surcharge tax =$12,500
Lose licence – up to 1 year
Seize vehicle – up to 90 days + daily storage
3rd Offence
Fine – $15,000 MINIMUM plus 25% surcharge tax =$18,750
Lose licence – up to 1 year
Seize vehicle – up to 90 days + daily storage
4th Offence
Fine – $20,000 MINIMUM plus 25% surcharge tax = $25,000
Lose licence – up to 1 year
Seize vehicle – up to 90 days + daily storage
Posses a false -or- invalid insurance card, C.A.I.A., Section 13.1(1)(a)
-or-
Use a false -or- invalid insurance card, C.A.I.A., Section 13.1(1)(b)
-or-
Make a false statement, C.A.I.A., Section 13(2)
1st Offence
Fine – $10,000 MINIMUM plus 25% surcharge tax = $12,500
Lose licence – up to 1 year
2nd Offence
Fine – $20,000 MINIMUM plus 25% surcharge tax = $25,000
Lose licence – up to 1 year
3rd Offence
Fine – $30,000 MINIMUM plus 25% surcharge tax = $37,500
Lose licence – up to 1 year
4th Offence
Fine – $40,000 MINIMUM plus 25% surcharge tax = $50,000
Lose licence – up to 1 year
Points and Penalties
7 Points
- Fail to stop when directed by Police,
- Fail to remain at the scene of an accident;
6 Points
- Racing,
- Stunt driving,
- Careless Driving,
- Fail to stop for school bus,
- Speeding 50km/h -or- more;
4 Points
- Following to closely,
- Speeding 30-49km/h.
3 Points
- Improper passing,
- Speeding 16-29km/h,
- Crowding driver’s seat,
- Fail to obey a stop sign,
- Fail to yield right of way,
- Fail to report an accident to police,
- Improper use of high occupancy lane,
- Fail to obey directions of police officer,
- Drive with speed measuring warning device,
- Improper driving where highway divided into lanes,
- Fail to obey a signal light -or- railway crossing signal,
- Driving wrong way on one-way street -or- highway,
- Driving -or- operating a vehicle on a closed highway;
2 Points
Fail to signal,
Fail to share road,
Backing on highway,
Unnecessary slow driving,
Fail to lower headlamp beam,
Improper -or- prohibited turns,
Improper opening of vehicle door,
Towing persons on sleds-Bicycles-Skis.
Starting from a stopped position-not in safety,
Fail to wear complete seat belt assembly – including passenger under 16 years old.
Other Penalties
Drive motor vehicle – no currently validated permit, H.T.A., Section 7(1)(a)
Fine – up to $500 plus 25% surcharge tax = $625
Fail to surrender permit, H.T.A., Section 7(5)(a)
Fine – up to $500 plus 25% surcharge tax = $625
Fail to apply for permit on becoming owner, H.T.A., Section 11(2)
Fine – up to $500 plus 25% surcharge tax = $625
Use plates not authorized for vehicle, H.T.A., Section 12(1)(d)
Fine – up to $1,000 plus 25% surcharge tax = $1,250
Lose licence – up to 6 months
Jail – up to 30 days
Use validation permit not furnished for vehicle, H.T.A., Section 12(1)(e)
Fine – up to $1000 plus 25% surcharge tax = $1,250
Lose Licence – up to 6 months
Jail – up to 30 days
Careless driving, H.T.A., Section 130
Fine – up to $2000 x 25% tax = $2,500
Lose Licence – up to 2 years
Jail – up to 6 months
Points – 6
Race a motor vehicle, H.T.A., Section 172(1)
Fine – up to $2000 x 25% tax = $2,500
Lose Licence – up to 2 years
Jail – up to 6 months
Points – 6
Fail to report an accident, H.T.A., Section 199
Fine – up to $500 x 25% tax = $625
Points – 3
Fail to remain, H.T.A., Section 200(1)(a)
Fine – up to $2000 x 25% tax = $2,500
Lose Licence – up to 2 years
Jail – up to 6 months
Points – 7
Fail to stop for police, H.T.A., Section 216(1)
Fine – $5,000 MINIMUM x 25% tax = $6,250
Lose licence – 5 years MINIMUM
Jail – up to 6 months
Points – 7
Other Penalties Continued,
Stunt driving, H.T.A., Section 172
Fine – up to $2000 x 25% tax = $2,500
Lose licence – up to 2 years
Jail – up to 6 months
Points – 6
-and-
On the day of the offence:
Seize vehicle automatically – 7 days MINIMUM + daily storage
Lose licence automatically – 7 days MINIMUM
Speeding, H.T.A., Section 128
0km/h to 19km/h
Fine = $3.00 per km x 25% surcharge tax
20km/h to 34km/h
Fine = $4.50 per km x 25% surcharge tax
35km/h to 49km/h
Fine = $7.00 per km x 25% surcharge tax
50km/h -or- more
Fine = $9.75 per km x 25% surcharge tax
POINTS:
0km to 15km = 0 points
16km to 29km = 3 points
30km to 49km = 4 points
50km -or- more = 6 points + 30 day licence suspension
Other Penalties Continued,
Drive while under suspension, H.T.A., Section 53(1)
1st Offence
Fine – $1,000 MINIMUM x 25% tax = $1,250
Lose licence – 6 months MINIMUM
Seize vehicle automatically – 7 days MINIMUM + daily storage
Jail – up to 30 days
2nd Offence
Fine – $2,000 MINIMUM x 25% tax = $2,500
Lose licence – 6 months MINIMUM
Seize vehicle automatically – 7 days MINIMUM + daily storage
Jail – up to 2 months
3rd Offence
Fine – $3,000 MINIMUM x 25% tax = $3,750
Lose licence – 6 months MINIMUM
Seize vehicle automatically – 7 days MINIMUM + daily storage
Jail – up to 3 months
4th Offence
Fine – $4,000 MINIMUM x 25% tax = $5,000
Lose licence – 6 months MINIMUM
Seize vehicle automatically – 7 days MINIMUM + daily storage
Jail – up to 4 months
5th Offence
Fine – $5,000 MINIMUM x 25% tax = $6,250
Lose licence – 6 months MINIMUM
Seize vehicle automatically – 7 days MINIMUM + daily storage
Jail – up to 6 months
Drive while under suspension, H.T.A., Section 53(1.1)(a)
(for conviction under criminal code of Canada)
1st Offence
Fine – $5,000 MINIMUM x 25% tax = $6,250
Lose licence – 6 months MINIMUM
Seize vehicle automatically – 7 days MINIMUM + daily storage
Jail – up to 30 days
2nd Offence
Fine – $10,000 MINIMUM x 25% tax = $12,500
Lose licence – 6 months MINIMUM
Seize vehicle automatically – 7 days MINIMUM + daily storage
Jail – up to 2 months
Other Penalties Continued,
(rules, conditions and penalties for new driver’s licence G1 – G2 / M1 – M2)
(under H.T.A., O. Reg 340/94)
As of April 1, 1994, all new drivers applying for their first car or motorcycle licence enter Ontario’s Graduated Licensing System. Graduated licensing lets new drivers get driving experience and skills gradually.
The two-step licensing process takes at least 20 months to complete.
To apply for a licence, you must be at least 16 years old and pass a vision test and a test of the rules of the road and traffic signs. After you pass these tests, you will get a Class G1 or M1 licence and a driver information package for new drivers. You must pass two road tests to become fully .
New drivers earn full driving privileges in two stages and have five years to complete the program and graduate to a full licence (Class G or M).
Class G1 – Graduated Licensing for Automobile Drivers
New drivers of passenger vehicles learn to drive with six conditions with a G1 licence. A new driver must hold a G1 licence for a minimum of 12 months before attempting the G1 road test. This time can be reduced to eight months if you successfully complete a Ministry-approved Beginner Driver Education Course. Drivers earn more privileges after passing their G1 road test.
As a G1 driver, you are required to:
maintain a zero blood alcohol level while driving;
be accompanied by a fully driver, who has at least four years driving experience, and a blood alcohol level of less than .05 (accompanying drivers 21 and under must have zero per cent), in case he/she needs to take over the wheel;
ensure the accompanying driver is the only other person in the front seat;
ensure the number of passengers in the vehicle is limited to the number of working seat belts;
refrain from driving on Ontario’s “400-series” highways or on high speed expressways such as the Queen Elizabeth Way, Don Valley Parkway, Gardiner Expressway, E.C. Row Expressway and the Conestoga Parkway;
refrain from driving between midnight and 5:00 a.m.
Class G2
New drivers must hold a G2 licence for a minimum of 12 months before they can attempt the G2 road test. At this level, you have more privileges because of your driving experience. You may drive without an accompanying driver on all Ontario roads anytime. However, you are still required to:
maintain a zero blood alcohol level while driving;
ensure the number of passengers in the vehicle is limited to the number of working seat belts.
For the first six months, G2 driver aged 19 and under cannot carry more than one passenger aged 19 and under between midnight and 5 a.m.
After the first six months, G2 driver aged 19 and under cannot carry more than three passengers aged 19 and under between midnight and 5 a.m.
* These passenger restrictions do not apply if the G2 driver is accompanied by a full “G” driver (with at least four years driving experience) in the front seat, or if the passengers are immediate family members.
Class M1 – Graduated Licensing for Motorcycle Riders
If you’re a new driver applying for your first licence to ride a motorcycle, you’ll need to enter Ontario’s graduated licensing system. That means you’ll earn full driving privileges in two stages. After you pass a motorcycle knowledge test, you will get a Class M1 licence and an information package for new riders.
New motorcycle riders with an M1 licence learn to ride under these four conditions:
your blood alcohol level must be zero;
you must ride only during daylight hours (1/2 hour before sunrise to 1/2 hour after sunset);
you must not ride on highways with speed limits of more than 80 km/h except highways 11, 17, 61, 69, 71, 101, 102, 144, 655;
you cannot carry passengers.
Motorcycle riders with an M1 licence who successfully complete an approved motorcycle safety course that includes a road test with an M1 licence are exempt from taking the ministry’s M1 road test and can move to an M2 licence after 60 days. If you complete an approved safety course in either level, you can reduce the time that you must hold an M2 licence from 22 to 18 months. While the motorcycle safety course certificate is valid for two years from its issue date, it may only be used for the M1 road test exemption within six months of its issue date. With a Class M1 licence, an operator can drive a moped, limited-speed motorcycle and a motorcycle.
Class M2
You must pass an M1 road test or complete an approved motorcycle safety course before receiving a Class M2 licence. You must have a Class M2 licence for a minimum of 22 months. If you complete an approved motorcycle safety course, you may reduce this time requirement by four months. With an M2 licence, you gain more privileges – you may ride at night and on any road. However, at this level:
your blood alcohol level must be zero;
You will be eligible to take a Class M road test after you have completed the time required with an M2 licence; you must pass this test to get a Class M licence.
Penalties for Breach of Conditions for All New Drivers (G1, G2, M1, M2)
30-day licence suspension for the first offence;
90-day licence suspension for the second offence; and
licence cancellation for the third offence.
Upon a third offence, your driver’s licence will be cancelled and any time discount earned, time credited or fees paid would be forfeited. You must re-apply to the graduated licensing program by passing a vision and knowledge test and paying all licensing fees. After you pass these tests, you will enter Level One and get a Class G1 licence. You must serve all the Level One and Level Two waiting periods and start as a new driver. You would need to take a beginner driver education course to qualify for a time discount.
These penalties for breach of conditions will also apply if, within a five year period, you:
are convicted of violating any of the graduated licensing conditions;
are convicted of HTA offences that result in 4 or more demerit points; or,
receive a court-ordered suspension for an HTA offence that would have resulted in 4 or more demerit points
Description | Risk Points |
---|---|
No evidence of valid auto insurance for 12 months in the last 2 years | 4 points |
At fault accident (in the last 6 years) | 2 points |
Criminal code or similar conviction (in the last 10 years) | 4 points |
Major conviction (in the last 3 years) | 2 points |
Auto insurance fraud (no time limit) | 4 points |
Presenting false documentation (in the last 3 years) | 4 points |
Policy cancellation for non-payment of insurance premiums (in the last 3 years) | 1 point |
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