Defence for CVOR Traffic Tickets

Accumulating CVOR traffic tickets for commercial motor vehicle drivers can lead to increased insurance premiums and negatively impact a company’s safety rating with the Ministry of Transport. At All Legal Services, we specialize in defending commercial carriers and their drivers against CVOR tickets. Here’s how we can help:

Understanding CVOR Traffic Tickets:

Commercial vehicle owners and operators, along with their drivers, must ensure that their vehicles are mechanically sound, proper documentation is in order, drivers follow road rules, and vehicles comply with Hours of Service Regulations. When issues arise during inspections, both drivers and companies can be charged, resulting in CVOR points being assigned to the carrier’s record.

Effect of CVOR Convictions:

Accumulated CVOR points can lead to increased insurance costs and impact a company’s safety rating. For individual drivers, demerit points and CVOR violations make them higher-risk drivers, potentially affecting their employability. Employers may be hesitant to hire drivers with CVOR convictions due to safety rating concerns.

Challenging CVOR Convictions:

Challenging CVOR traffic tickets is essential to managing and reducing points assigned to your carrier’s record. Carriers not contesting their tickets are more likely to face further interventions from the Ministry of Transportation. By disputing these tickets, carriers and drivers can reduce points and avoid unnecessary scrutiny.

The CVOR System:

The Commercial Vehicle Operators Registration (CVOR) monitors commercial motor vehicles and drivers in Ontario, including accidents, traffic tickets, inspections, and safety-related incidents. CVOR violations on commercial vehicle abstracts can impact insurance rates and employability. Our expert analysis helps manage CVOR points, maintaining your company’s safety rating.

Expert Advice and Representation:

While cancelling all CVOR tickets might not be possible, our team helps manage tickets to control points and safety ratings. We offer expert advice and representation to maintain your driving record. If you need assistance with a CVOR issue or traffic ticket, contact our office for professional support.

G1 Driver Violations and Penalties

As a G1 driver in Ontario, it’s crucial to adhere to the strict licensing conditions. Any violations can lead to significant consequences, including fines, demerit points, license suspensions, and increased insurance costs. Here’s what you need to know about G1 driver violations and how they can impact you:

G1 Driver Violations:

G1 drivers must obey specific rules, including:

  • Having a “zero” blood alcohol level
  • Driving with only a licensed driver in the front seat, who must be the only passenger in the front
  • Ensuring all passengers wear seatbelts, and the number of passengers does not exceed the available seatbelts
  • Avoiding driving on 400-series highways
  • Not driving between midnight and 5:00 a.m.
  • Avoiding the use of a cell phone while driving

Violating any of these conditions can result in fines, demerit points, and a thirty (30) day driver’s license suspension.

Demerit Points and Suspensions:

  • Four (4) Demerit Points Offenses:
  • Speeding by thirty (30) kilometres or more
  • Following too closely
  • Careless driving
  • Fail to remain at the scene of an accident
  • Stunt driving

Accumulating four (4) or more demerit points leads to a thirty (30) day license suspension. Additional violations increase the suspension period and any suspension results in high-risk insurance rates for three (3) years.

  • Nine (9) Demerit Points Accumulation: Accumulating nine (9) or more demerit points leads to a sixty (60) day license suspension.

Fighting Traffic Tickets:

If you receive a traffic ticket as a G1 driver, it’s essential to consider legal representation. At our firm, we specialize in defending clients against traffic violations, working to avoid license suspensions and minimize insurance impacts. We have extensive experience in handling G1 driver violations and can provide expert advice and representation tailored to your case.

Don’t hesitate to reach out if you’re facing a traffic ticket. We’re here to help you navigate the legal process and achieve the best possible outcome.

Stunt Driving Offenses in Ontario

In Ontario, stunt driving is a serious offence under section 172.1 of the Highway Traffic Act, encompassing various dangerous driving behaviours. Here’s what you need to know about stunt driving offences, penalties, and how it can impact you:

Stunt Driving Definition:

Stunt driving, as defined in section 172.1 of the Highway Traffic Act, includes driving:

  • In a race or contest
  • While performing a stunt
  • On a bet or wager

Those found guilty of this offence are liable to face:

  • A fine ranging from $2,000 to $10,000
  • Imprisonment for up to six months
  • Mandatory 1-year license suspension

The specific criteria for stunt driving are detailed in Ontario Regulation 455/07.

Stunt Driving Penalties:

Stunt driving offences carry severe penalties, including:

  • Six (6) demerit points on your driving record
  • Thirty (30) day license suspension
  • Fourteen (14) day vehicle impoundment
  • A fine of two thousand dollars ($2000.00)
  • Mandatory 1-year license suspension upon conviction
  • Potential imprisonment for up to six (6) months
  • Dramatic increase in insurance rates

How Stunt Driving Affects You:

Stunt driving convictions can significantly impact your life, affecting your driving privileges, insurance premiums, and even employment opportunities. It is essential to understand the gravity of these offences and seek legal guidance if you’re facing such charges.

We specialize in defending clients against traffic violations, ensuring their rights are protected and striving for the best possible outcome.

For expert legal representation, contact us today.

Red Light Traffic Tickets

Red light traffic tickets are considered serious infractions that can have various consequences, including increased insurance rates due to perceived higher accident risks. Here’s what you need to know about red light violations and how to handle them:

Penalties for Disobeying a Red Light:

Red light tickets come with several penalties:

  • Three (3) demerit points
  • A fine of three hundred and twenty-five dollars ($325.00)
  • A conviction recorded on your driving record for three years
  • Determination of fault in accident cases
  • Possible insurance rate hikes

Drivers with class G1 and G2 licenses face suspension if they accumulate more than 4 demerit points.

Disobeying Red Light – Legal Definition:

According to the Highway Traffic Act section 144.18, drivers approaching a circular red traffic signal must stop their vehicles and wait until a green indication is shown. This means coming to a complete stop and not proceeding until the light turns green.

Where to Stop:

The law specifies where the driver must stop:

  • At the stop line if marked on the road
  • Immediately before entering the nearest crosswalk if no stop line is present
  • Immediately before entering the intersection if there is no stop line or crosswalk

Fighting a Red Light Ticket:

Challenging a red-light ticket requires a strategic legal defence. Merely stating that you didn’t go through the light is insufficient. We can help by:

  • Cross-examining the police officer to challenge their account
  • Addressing legal issues related to the case
  • Providing a robust defence against the charge

We examine technicalities such as the proper functioning of traffic signals and the accuracy of witness testimonies. It’s crucial to establish evidence that the driver truly “entered the intersection on a red traffic signal” for the charge to stand. For effective legal representation and assistance with red light tickets, contact us today. We specialize in defending clients against traffic violations and ensuring their rights are protected.

Driving Without Insurance

Ontario’s Compulsory Automobile Insurance Act (CAIA) mandates that all vehicle owners must maintain liability insurance before operating their vehicles on the road. This act imposes several charges and fines for insurance-related violations.

Driving without insurance is a severe offence. If caught, the driver faces a hefty fine of five thousand dollars ($5,000.00) and a surcharge of approximately twenty percent (20%), totalling six thousand two hundred and fifty dollars ($6,250.00) for a first offence. Subsequent convictions result in doubled fines. Notably, even if the owner is not driving, they can be charged for permitting the operation of an uninsured vehicle. This is a “Reverse Onus Charge,” where the driver must prove valid insurance to the officer upon request.

Fail to Surrender Insurance Card:

If the driver cannot provide proof of valid insurance, they can be charged with a “Fail to Surrender Insurance Card” with a fine of sixty-five dollars ($65.00). Presenting false evidence of insurance is a grave offence, carrying a penalty of ten thousand dollars ($10,000.00) plus a twenty percent surcharge. Moreover, making a false statement to the Ministry of Transportation resulted in the same ten thousand dollars ($10,000.00) fine.

Important Notes:

  • Responsibility: The vehicle owner is accountable for having valid insurance, even if not driving.
  • Insurance Proof: Always carry valid insurance documents; forgetting them might lead to fines and increased insurance rates.
  • Legal Assistance: Seek professional advice to fight charges; it could lead to reduced fines or cancelled charges.

For any legal assistance related to insurance violations or other traffic matters, don’t hesitate to contact us. We specialize in defending clients against these charges and ensuring their rights are protected.

Following Too Closely Charges (Highway Traffic Act 158)

The offence of following too closely, as outlined in Highway Traffic Act section 158, raises questions about what constitutes a safe distance between vehicles. While the law does not specify an exact measurement, it is often interpreted by law enforcement based on a guideline of one car length per ten kilometres of speed.

Definition of Following Too Closely:

The Highway Traffic Act section 158 states that drivers must not follow another vehicle more closely than is reasonable and prudent, considering the vehicle’s speed, traffic conditions, and highway conditions.

Interpreting Safe Distances:

Law enforcement and the courts typically consider the one-car-length-per-ten-km/h guideline, although the definition of “reasonable and prudent” is open to interpretation. For instance, at 60 km/h, it is generally believed that there should be a minimum of six car lengths between vehicles.

Penalties for Following Too Closely:

A following too closely charge carries several penalties, including:

  • Fine: Ranging from $110 to $500
  • Demerit Points: Four (4) points on your driving record
  • License Suspension: Thirty (30) days for G1, G2, M1, and M2 drivers
  • Conviction on Record: Stays on your driving record for three years
  • Insurance Impact: Can affect your insurance rates

Commercial Motor Vehicles:

Commercial vehicles driving at speeds over 60 km/h must maintain a distance of at least 60 meters from other vehicles. This rule allows commercial vehicles to overtake and pass others, but under normal driving conditions, they must adhere to the 60-meter rule.

Following Too Closely in Accident Cases:

In rear-end accidents, drivers are often charged with following too closely. To convict someone of this charge, a witness must testify that they observed the following vehicle maintaining an unsafe distance.

However, in many rear-end accidents, the situation involves one vehicle suddenly stopping, leaving the following driver insufficient time to react. Expert cross-examination can often challenge the notion of prolonged “following,” leading to favorable outcomes for the accused.

Disobey Stop Sign Charges & Legal Strategies

When faced with a Disobey Stop Sign charge under Highway Traffic Act s.136,1a, it’s essential to recognize the serious implications and the available legal options.

Disobey Stop Sign Penalty:

A stop sign violation entails more than just a fine. The penalties include:

  • Three Demerit Points: Impacting your driving record.
  • A fine of One Hundred and Ten Dollars ($110.00): Immediate financial penalty.
  • Conviction on Your Driving Record for Three Years: Affecting your insurance rates.
  • Insurance Increases and Determination of Fault in Accidents: Potential long-term consequences.

Definition of Disobey Stop Sign:

As per the Highway Traffic Act of Ontario section 136,1:

  • Drivers must bring their vehicle to a “full and complete stop” at a stop sign.
  • A proper stop involves stopping at the marked stop line, crosswalk, or before entering the intersection.
  • The driver must yield the right of way to other traffic in or approaching the intersection.

Challenging Stop Sign Tickets:

Challenging a stop sign ticket involves demonstrating a “full and complete” stop, even if momentary. Legal technicalities, viewpoints, and officer perceptions can be contested in court. Key legal strategies include:

  • Proving Credible Evidence: Drivers can provide credible evidence in court to challenge the officer’s viewpoint.
  • Cross-Examination: Proper cross-examination of the police officer ensures adherence to legal technicalities.
  • Disputing Officer’s Observation: Contesting the officer’s observation and ensuring all legal requirements were met can lead to a dismissal.

Driving While Suspended

Driving while suspended under Highway Traffic Act s.53.1 carries severe penalties, significantly impacting your life. These penalties include:

  • First Offense:
  • A fine of not less than $1,000 and not more than $5,000
  • Possible imprisonment for up to six months
  • Subsequent Offenses:
  • A fine of not less than $2,000 and not more than $5,000
  • Possible imprisonment for up to six months

Definition of Suspended Driving: Driving while your license is suspended is a criminal offence. It involves operating a motor vehicle on a highway while your driver’s license is suspended, as per an Act of the Legislature or a regulation made thereunder.

Possible Defenses: Defenses against driving under suspension charges can include:

  • Lack of knowledge about the suspension
  • Taking all possible measures to avoid the suspension
  • Challenging the validity of the suspension or improper documentation

Legal Representation is Essential: Given the potential jail time for even first-time offences, legal representation is crucial. Court proceedings may involve legal motions, cross-examination, and analysis of documentary evidence.

We can assist you in fighting your charge and, where possible, help you get your driver’s license reinstated. Our team can also help set up license reinstatement plans, ensuring you can legally drive again within thirty (30) days or less, even if you have unpaid fines.

What to Do When Charged: If charged with driving while suspended, it’s imperative to stop driving immediately. Continuing to drive while suspended can lead to severe consequences, including imprisonment.

Contact our office to speak with a former police officer or licensed paralegal for immediate advice. We can represent you in traffic court, sparing you from appearing in person. Understanding the reason for your suspension is vital, and we can guide you on how to reinstate your license promptly.

Remember, your driving privileges are a privilege, not a right. It’s essential to adhere to the law to protect your license and avoid legal repercussions.

Cell Phone Tickets & Distracted Driving Penalties

Distracted driving, particularly involving hand-held communication devices, poses significant risks and consequences. The penalties for using phones or electronic entertainment devices while driving include a three (3) day suspension and increased insurance rates.

About Distracted Driving:

Government statistics highlight the dangers:

  • One person is injured in a distracted-driving collision every half hour.
  • Drivers using electronic devices are frequently involved in accidents.
  • A driver using a phone is four times more likely to crash than a focused driver.

While skepticism may exist regarding these statistics, it’s widely accepted that distractions elevate accident risks.

Penalties for Distracted Driving:

First Conviction:

  • A fine of $615
  • Three demerit points
  • 3-day license suspension

Second Conviction:

  • A fine of $615 (if settled out of court)
  • Three demerit points
  • 7-day suspension

Third and Subsequent Convictions:

  • A fine of $615 (if settled out of court)
  • Three demerit points
  • 30-day suspension

Definition of Distracted Driving:

According to Ontario Highway Traffic Act section 78.1.1:

  • Drivers cannot hold or use hand-held wireless communication devices capable of receiving/transmitting calls, messages, or data while driving.

Novice Drivers:

  • G1, G2, M1, or M2 license holders face fines without demerit points.
  • Penalties include a 30-day suspension for a first conviction, a 90-day suspension for a second, and license cancellation for a third, leading to redoing the Graduated Licensing System program.

Fighting Your Cell Phone Ticket:

Cell phone ticket cases are challenging and often go to trial. Prosecutors vigorously defend these tickets, rarely reducing charges. Defences focus on legal technicalities:

  • Cross-examining police officers
  • Examining essential elements of the charge
  • Device verification as hand-held communication equipment
  • Utilizing legal applications and motions

Given the political nature of these tickets, it’s essential to have expert legal representation to navigate the complexities and potential defences.

Understanding Careless Driving and Its Implications

Careless driving tickets carry significant consequences, including license suspensions, demerit points, and increased insurance rates. The penalties for careless driving vary based on the class of your driver’s license:

For Class G1 and G2 Drivers:

  • Six (6) demerit points for two (2) years
  • Mandatory thirty (30) day license suspension
  • A fine of four hundred and ninety ($490.00) dollars
  • Insurance increases for three (3) to five (5) years
  • Possible jail time for serious offences

For Class G Drivers:

  • Six (6) demerit points for two (2) years
  • A fine of four hundred and ninety ($490.00) dollars
  • Insurance increases for three (3) to five (5) years
  • Possible jail time for serious offences
  • Possible license suspension

For Commercial Drivers:

  • Six (6) demerit points
  • Five (5) CVOR points
  • A fine of four hundred and ninety ($490.00) dollars
  • Dramatic insurance increases
  • Possible jail time for serious offences
  • Possible loss of employment
  • Goes on the CVOR abstract

Regardless of your license class, receiving a careless driving ticket puts you at risk of significant insurance rate hikes if the ticket is recorded on your driving record.

What Constitutes Careless Driving?

Careless driving is a violation under the Highway Traffic Act, a provincial law in Ontario, governed by the Provincial Offences Act of Ontario. Police officers issue this ticket when they believe a driver was not driving with due care and attention, meaning they were not driving carefully enough.

Legal Definition: “Every person is guilty of driving carelessly who drives a vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway.”

Challenging Careless Driving Tickets:

When disputing a careless driving charge, examples of situations can include:

  • Travelling too fast for road conditions
  • Following too closely, not allowing enough stopping distance
  • Entering a curve too fast and losing control
  • Not paying attention to the road or hazards

However, it’s crucial to recognize that the burden of proof lies with you, the driver, to demonstrate that your actions were not careless and that you were driving with due care and attention.

Important Distinctions:

  • Not a Criminal Charge: A careless driving ticket is not a criminal offence but a traffic violation under the Highway Traffic Act of Ontario.
  • Record Duration: Convictions stay on your record for three (3) years from the conviction date.

Difference from Dangerous Driving: Unlike dangerous driving, careless driving does not require intent; it can be an unintentional mistake or error in judgment.