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Car Accidents in Ontario

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Personal Injury

Traffic Tickets Defense

TRAFFIC TICKET DEFENSE

If you were found at fault in a car accident, you may receive a traffic ticket for the accident you were involved in. However, speeding tickets, careless driving, and other tickets will raise your insurance premiums regardless of whether or not you were involved in a car accident.

Personal Injury Ontario believe that there is absolutely no reasoning behind pleading guilty to any traffic violation. Although not all traffic tickets are beatable, depending on the circumstances, demerit points and fine costs may be lowered with the aid of a traffic ticket expert.

Even though many of us are good drivers, occasionally we all make mistakes. After years of driving without any traffic tickets, it is unfair that one speeding ticket can potentially set you back a few hundred dollars a month in insurance premiums, not to mention demerit points and the fine which is included with the speeding ticket. Even worse, some speeding tickets or other traffic tickets include criminal liability and you may be facing jail time.

Personal Injury Ontario specialize in:

  • Speeding Fines
  • Seatbelt Tickets
  • Careless Driving
  • Unsafe Lane Change
  • Unsafe Turn
  • Following Too Closely
  • Red-Light – Fail to Stop
  • Stop-Sign – Fail to Stop

If you want to beat your traffic tickets you must be aware of your options and know your rights.  At Personal Injury Ontario we believe that all tickets should be contested.

For further enquiries regarding your traffic tickets please contact us by either filling out the form at the top of the page, or calling us TOLL-FREE at 1877-Personal Injury Ontario2.

Demerit Point System of Ontario

Drivers convicted of certain driving-related offences have demerit points recorded on their records. It is a common misconception that drivers "lose" points due to convictions for certain traffic offences. In fact, a driver begins with zero demerit points and accumulates demerit points for convictions. Demerit points stay on your record for two years from the offence date.

If you collect enough points, you can lose your driver's license, substantially increase your insurance premiums, or even force your insurance company not to renew your policy in the upcoming year.

Demerit Point Breakdown
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 Driving through, around or under a railway crossing barrier
Failing to yield the right-of-way Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal
Failing to obey the directions of a police officer Driving the wrong way on a divided road
Failing to report a collision to a police officer Improper driving when road is divided into lanes
Crowding the driver's seat Going the wrong way on a one-way road
Driving or operating a vehicle on a closed road Crossing a divided road where no proper crossing is provided
Failing to slow and carefully pass a stopped emergency vehicle Failing to move, where possible, into another lane when passing a stopped emergency vehicle
Improper passing Improper use of high occupancy vehicle lane
2 Points
Improper opening of a vehicle door Prohibited turns
Towing people — on toboggans, bicycles, skis, etc. Failing to obey signs
Failing to stop at a pedestrian crossing Failing to share the road
Improper right turn Improper left turn
Failing to signal Unnecessary slow driving
Reversing on a divided high-speed road Driver failing to wear a seat belt
Driver failing to ensure that a passenger less than 23 kg is properly secured Driver failing to ensure that a passenger under 16 years is wearing a seat belt
Failing to lower headlamp beams Backing on a highway
Driver failing to ensure infant/child passenger is properly secured in an appropriate child restraint system or booster seat

Demerit Points and New Drivers

  • As a Class G1, G2, M1 or M2 driver, if you get two or more demerit points, you will be sent a warning letter.
  • At six points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don't attend, your licence may be suspended.
  • At 15 or more points, your licence will be suspended for 30 days from the date you surrender it to the Ministry of Transportation for the first suspension. You can lose your licence for up to two years if you fail to surrender your licence. A driver's licence may be surrendered at any Driver & Vehicle Licence Issuing Office.
  • DriveTest centres do not accept surrendered licences for suspension purposes.
  • After the suspension, the number of points on your record will be reduced to four. Any additional points could again bring you to the interview level. If you reach nine points again, your licence can be suspended for six months from the date you surrender it to the Ministry of Transportation.

Demerit Points and Fully Licensed Drivers

  • As a fully licensed driver, if you get six demerit points, you will be sent a warning letter.
  • At nine points, you may have to go to an interview to discuss your record and give reasons why your licence should not be suspended. If you don't attend, your licence may be suspended.
  • At 15 or more points, your licence will be suspended for 30 days from the date you surrender it to the Ministry of Transportation for the first suspension. You can lose your licence for up to two years if you fail to surrender your licence. A driver's licence may be surrendered at any Driver & Vehicle Licence Issuing Office.
  • DriveTest centres do not accept surrendered licences for suspension purposes.
  • After the suspension you may be required to complete a driver re-examination (vision, knowledge and road tests), the number of points on your record will be reduced to seven. Any extra points could again bring you to the interview level. If you reach 15 points again, your licence will be suspended for six months.

CARELESS DRIVING IN ONTARIO

Careless driving is one of the most serious charges under the Highway Traffic Act of Ontario. It is a charge most frequently associated with car accidents. People guilty of careless driving must have driven “on a highway without due care and attention or without reasonable consideration for other persons using the highway.”

If convicted, you are liable for a fine no less than $200 and no more than $1000 and/or to a term of imprisonment for no more than 6 month. Your driver’s license may also be suspended for no longer than 2 years. However, there are coming changes to which will raise the fines from $200-$1000 to $400-$2000 respectively.

In order to be convicted of careless driving certain principles must be adhered to:

  • The standard against which the defendant's driving must be measured is not one of perfection. The driving of the defendant must be measured against a reasonable standard or skill, what an ordinary person would do.
  • A momentary lapse or a simple error in judgment is insufficient to justify a conviction for careless driving.
  • Where an accident has occurred, the fact that serious injury or death has resulted is not, except in unusual cases, relevant to an assessment of whether there has been a departure from the standard of care which would justify a finding of careless driving.
  • Mere inadvertent negligence will not necessarily support a conviction for careless driving. More than a bare act of negligence must be proven.

A conviction of careless driving carries a 6 demerit points. Demerit points stay on your record for 2 years from the date of conviction. You may also be required to attend an interview for the Ministry to assess whether or not your driver’s license should be suspended.

For more information, or if you require legal services, please contact us.

SPEEDING FINES

Speeding tickets are more than just a slap on the wrist. An accumulation of speeding tickets can dramatically impact your insurance rates, and in extreme cases, your insurance company may not renew your policy.

Most tickets carry demerit points, and for some speeding tickets your license may be suspended. Speeding 50km/h or more over the speeding limit yields an automatic 7-day driver’s license suspension and the impoundment of your vehicle.

How to Beat Speeding Tickets

Contrary to popular belief, if you have been charged with speeding, it does not necessarily mean that you will be convicted. Even though the evidence against you may be solid, trials for speeding tickets are mostly won on legal technicalities.

Before you pay or fight any speeding ticket yourself fill out our contact form for free advice.