Legal Matters: Understanding the penalties of Part III offenses

Traffic Ticket Advocates Professional Corporation – Chris Buckle 465 Davis Dr Suite 113 Newmarket, ON L3Y 7T9 905-898-0542

Part III Offences

You have been stopped by an officer of the law for an offence and given a summons. A summons has been issued for the more serious charges, and with that there also comes more severe penalties under the Highway Traffic Act.

The summons itself is different because a court date is scheduled for you. It is called a Set Date, as you or your representative is summoned to attend on the specific date and time given on the summons. This is different from the Part I offence where the officer gives you a ticket(s) and you have a choice to either pay the ticket or fight it in court.

Here are some of the more common offences to be charged under Part III of the Highway Traffic Act.

Stunt Driving

Your vehicle is towed at roadside for seven days plus a seven day licence suspension, plus a reinstatement fee for your driver’s licence from the Ministry of Transportation.  If convicted, Stunt Driving carries six demerit points and fines not less than $2,000 and not more than $10,000. Stunt driving also carries a possible jail term of no more than six months or both the fine and jail term.

Your licence can also be suspended for up to two years on the first conviction and up to 10 years on the second conviction. This would also stay on your driver’s abstract for three years, which is what the insurance company looks at to determine your rates. This section of the Highway Traffic Act has several sections under it; such as Performing a Stunt, Marked Departure, Over 50 km/h, and Racing. The act reads no person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.

Driving While under Suspension

If convicted, this charge carries a fine not less than $1,000 and not more than $5,000, plus a six month licence suspension. For a second conviction, the fine increases to not less than $2,000 and not more than $5,000 plus the licence suspension which would be on top of any licence suspension at the time of conviction.

For it to be considered a second conviction, the first conviction would have to be within five years of being charged with the offence a second time. If your driver’s licence is suspended from certain criminal matters, the situation and the penalties substantially change. These charges can stem from simply forgetting to pay a fine, which over a period of time would result in your licence being suspended.

Owner Operate/Permit Operation without Insurance

If convicted of this charge, it carries a hefty fine. For a first offence, the fine is not less than $5,000 and not more than $25,000. The second conviction carries a fine not less than $10,000 and not more than $50,000 plus a possible licence suspension of up to one year. Producing false evidence of insurance also carries severe fines and penalties.

Fail to Remain

If convicted, this charge carries seven demerit points and a fine of not less than $400 and not more than $2,000. A possible jail term of up to six months or both the fine and a jail term is possible. Your driver’s licence may also be suspended up to two years. This charge is for an individual that is directly or indirectly involved in an accident on a highway.

Another common charge that can be laid either under Part I or Part III is Careless Driving. Under Part I, it carries a fine of $400 and six demerit points. If charged under Part III, it carries a fine not less than $400 and not more than $2,000 and a possible jail term up to six months, or both the fine and jail term. On top of all that, your driver’s licence could be suspended for up to two years.

Being charged with any offence can be serious, but being charged with a Part III offence amplifies the severity of the consequences to you.

CB

Chris Buckle

Paralegal

Chris is a Paralegal at Traffic Ticket Advocates Professional Corporation and can be reached at 905-898-0542

www.trafficticketadvocates.ca

The advice offered in this column is intended for informational purposes only. Use of this column is not intended to replace or substitute any professional, financial, medical, legal, or other professional advice.

Published Newmarket Era Nov. 09 2015