In Ontario, the Highway Traffic Act regulates driving offences with a few offences that fall under the Criminal Code. Offences that fall under the latter result in more severe consequences, so it is crucial you seek a skilled lawyer to defend your case.
Impaired Driving
Impaired driving means operating any sort of motorized vehicle while under the influence of alcohol, drugs or a combination of both. The Criminal Code prohibits driving while impaired to any degree by alcohol, drugs or both. Penalties range from a mandatory minimum fine to life imprisonment, depending on the severity.
It is a Criminal Code offence to drive or have control of a vehicle if your blood alcohol content (BAC) is over .08. If your BAC is between 0.05 and 0.08, you will also face severe consequences. Your BAC or blood-drug limit does not need to have exceeded the legal limit for you to be charged. If your ability to drive is affected to any degree, you will still be charged with impaired driving. If you are convicted, you will have a criminal record. The minimum fine is $1000 with no maximum fine and up to five years in jail. The court will also issue an order prohibiting you from operating a motor vehicle for a period of time ranging from one to three years depending on whether it was your first offence.
If you have been charged with impaired driving, don’t wait! Contact Brace Law for a consultation with our lawyer.
Careless Driving
Careless driving is a charge under the Highway Traffic Act where a person drives without due care and attention or without reasonable consideration for other persons on the road. Even if the person did not cause an accident, law enforcement may still charge you for careless driving if they witness a driver driving in a way that could potentially cause an accident. Although careless driving is not a criminal offence, the penalties are severe, and a conviction will affect your right to drive for many years.
As of September 1, 2018, a new careless driving offence was added to the Highway Traffic Act which is careless driving causing bodily harm or death. This is when a driver drives without reasonable consideration of other persons and causes bodily harm or death to any person. A person is deemed to be driving without reasonable consideration if he or she drives in a manner that may limit his or her ability to prudently adjust to changing circumstances on the road. Those convicted could face a fine from $2000 to $50,000, a driver’s license suspension of up to five years or up to two years in jail.
Careless driving is a serious offence, and you may face very negative consequences if you are convicted. Speak with a Brace Law criminal lawyer today if you are facing a careless driving charge.
