Provincial Offences Act

Traffic Tickets/offences can include getting a Ticket for a moving violation in Car, such as speeding or careless driving, or in an accident involving other vehicles you may be the one charged.

The most typical charges are Speeding, Turn infractions, following too close, Careless Driving and Failing to remain at the scene. However, people also have received tickets for No Insurance, or making a false statement (contrary to the Compulsory Automobile Insurance Act); Or, under the Highway Traffic Act - driving under suspension, without a license, which all carry heavy fines ($6000 for first offence) plus possible Driver's License suspension.

In a collision, usually one of the driver's is charged with an offence; the Police have to charge someone in order to make a complete report. However, the Driver charged could be as innocent of the offence as the other driver. Not all accidents that involve a collision amount to a violation of the traffic laws.

Moreover, while both the Highway Traffic Act and Compulsory Automobile Insurance Act make out the most common offences in private everyday moving violations.

Some traffic offences require an intention element to exist to be found guilty, for example, you must have intended to commit the offence or you were reckless about it; whilst some others are regulatory offences and do not require that you intended to commit the offence.

As in Provincial Offences, in either scenario the Crown must prove it to make the charge stick.

If a Police Officer has violated your Charter Rights (which everyone in Canada is protected under) or you think you may have been a target of racial profiling, then you could be entitled to an acquittal of the charge.

Conversely, you have Charter rights that allow you to have the right to get full disclosure of the charge and reasons, among other things, and also have a right to your day in Court and to put up a Defence.

The burden to prove the case is on the Crown. So don't just plead guilty or make a deal without having us by your side - KNOW YOUR RIGHTS!

A conviction on your record could have lasting and negative effects, including raising your Insurance premiums - contact us first!

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