Useful Information about Driving Offences
- 1. Do I have to fight this ticket alone?
Absolutely not ! In most cases you are not even required to go to court. We will defend you in a professional manner, and can make the court appearance for you so that you don’t have to worry about time off work!
We have won thousands of traffic ticket cases throughout York Region and all over Southern Ontario.
- 2. This ticket has an error on it. Doesn’t that mean it’s void?
- Your traffic ticket is not void if the court considers it an amendable error. Be aware the court has the authority to correct the majority of details on your ticket.The number one “error” people find would be the year of the vehicle. Followed up with “Doesn’t the officer know my car is not an 06?”The year pertains to the sticker on your licence plate and as it turns out the year of the vehicle is not recorded on the ticket at all.
- 3. What’s the difference between a Part I and a Part III offense?
A Part I offence is called an offence notice (ticket) and has an out of court settlement (fine) on it, whereas a Part III is a “Summons” (has a date on which you must attend court to answer to the charge(s)).Part I matters require you to request a court date (if you want to challenge the ticket), they are often minor offences and the court penalty is kept at a minimum.
A Part 1 summons may be issued that will not have a set fine and will have the court date on the bottom of the ticket. The Part 1 summons can carry stiffer fines and consequences compared to a Part 1 ticket.
Court penalties for Part III offences are more severe and can involve licence suspensions, jail time, heavy fines etc.
Some examples of a Part III offence include; Drive without Insurance, Drive Under Suspension, Racing, Fail to Remain at Accident, Speeding over 49kms/hr.
- 4. I lost my ticket, what now?
Once you’ve been issued an offence notice (ticket) your information gets processed by the applicable Court Services Office. So, the charges and the fines involved and the time to pay those fines are recorded at the court – waiting for your response.Without a response from you, or your agent, the court will convict you and that stays on your driving record for 3 years. You can find out the status of your ticket by inquiring at a provincial court.
- 5. I filed my ticket but I got convicted, what now?
You’ve got 15 days, from the time you found out, to apply to have your matter(s) re-opened.The re-opening process requires an affidavit and application brought before a Justice of the Peace (in the designated court).
When a re-opening is granted, the conviction is reversed and it comes back off your driving record and the court sends you the trial date.
If your reopening is denied then you must consider an Appeal. This process has more documentations to fill out and needs to be heard in the higher court in front of a Judge. For a consult on this process call to speak with someone about your options.
- 6. I always pay my tickets right away, how come I have charges on my record?
Paying your ticket automatically finds you guilty of the offence and creates a conviction on your driving record for 3 years.Demerit points are assessed by the Ministry of Transportation and they go on your record for 2 years from the offence date.
You can obtain your driving record from your local MTO office. It is important to know your options.
- 7. I got a ticket for G2 with alcohol > zero, how does that affect my insurance?
A G2 with alcohol conviction can be very costly!Most novice drivers think they can just pay the fine of $110.00 and be done with it. Not so with this charge!
First of all they’ll receive an automatic 30 day licence suspension and then be prepared for them to be treated as an impaired driver by your insurance carrier.
That’s right your insurance company treats this as a very serious offence.
- 8. My fine is $52.50 and zero points, then it won’t affect my record, right?
It can, for up to 3 years!Driving Convictions say on your record for 3 years, even if the conviction has zero demerit points attached. And yes, your insurance company can use these convictions when assessing your risk level and premiums.
- 9. Can I get more time to pay my fines?
In some circumstances yes, however you will need to file a motion in the court of jurisdiction (the court that convicted you) requesting an extension of time to pay.Once you file this motion a justice will determine the outcome of your request. There are stiff penalties for unpaid fines, so I suggest you take care of any extension requests PRIOR to your due date.
- 10. Do I gain points or lose points?
You gain them. After you are convicted of a traffic offence, demerit points are assessed by the Ministry of Transportation and stay on your driving record for 2 years from the offence date.G1 and G2 licences are the most sensitive when it comes to gaining demerit points. The number of points you stand to gain, from a particular offence, is not listed anywhere on your ticket. Contact us to find out how your offence will affect your driving record.
- 11. How do demerit points affect my insurance?
They don’t. But what does, is getting convicted of an offence.Most people don’t realize is that insurance companies are now assessing your risk level based on how many convictions you have on your record, and of course by how serious the offences are. Your ticket may seem harmless but you need to know your options.
- 12. Does my New York ticket affect my licence?
It definitely will!Certain States have agreements with Ontario, whereby convictions will be transferred to your Ontario Licence. Once the miles are converted to kilometers the affect is even worse. Arranging your defence in New York is no small task, but it is one of the many traffic matters that we can help you with.
- 13. I got a 15 over speeding ticket, but that doesn’t affect me, right?
- Insurance companies are now assessing your risk level based on how many convictions you have on your record, and of course by how serious the offences are. So, yes that 10 or 15 over speeding ticket can translate into a jump in your insurance rates, and yes, that increase can be long term because that “little” 15 over ticket is on your record for 3 years.
- 14. What if my court date falls within my Vacation time?
There are many reasons why someone may need to change their Trial Date. Yes you can request a change – but you have to plan ahead.Well in advance of your court date – You will need to attend the court to file a Notice of Motion. You must then attend the Court, on the Motion date, to request the adjournment.
If the Motion is granted, the court will agree on another date for your Trial to be heard.
- 15. Guarantees?
Many people think that traffic ticket specialists results can be guaranteed. The Law Society of Upper Canada (our governing body) now prohibits offering a guarantee, or even a rate of success.Court Agents, same as Paralegals, must follow the Paralegal Code of Conduct as set out by the Law Society. These Rules were put in place to protect the public from being misled and to enhance the ethical standard of court representatives.
We have been in this business since 1994. It is nice to see that regulation has finally come about. We know that the public will definitely benefit from it.
- 16. What about this Stunt Driving Law?
This law came into effect September 30 2007, and there is a whole list of things that qualify as a Stunt. Speeding in excess of 50k over the limit, and Racing are most common.Penalty for this offence starts immediately, they take your licence on the spot and you are suspended for 7 days, and whatever vehicle you are driving is towed and impounded for a week.
This is treated as a very serious offence and first time offenders can face major fines, plus imprisonment, plus a further licence suspension for 2 years. Conviction of stunt driving will most likely put you into high-risk insurance.
- 17. What is the Move Over Law?
This law started back in 2003, and is aimed at improving safety for officers and others performing their duties on the road.If you’re approaching a Stopped Emergency/Tow Truck/Fire Department vehicle or a Public Utility vehicle on your side of the road and their emergency lights are flashing – if you cannot move over then you must slow down and pass with caution. If your road has two or more lanes then you must move over to the next lane, and slow down before you pass.
A first time offence carries a $490 fine and 3 demerits against your licence.
- 18. I missed court, what can I do?
Many people realize they have missed their court date when they receive a notice of fine from the court or licence suspension notice from the MTO.You need to act fast and have your situation assessed right away.
If you are eligible for a reopening, your conviction may be corrected and cleared off your record very quickly; However if it turns out you must appeal your matter then that is more involved and can take much longer to get resolved.
- 19. Driving under Suspension?
Driving Under Suspension has very serious repercussions! You receive a summons and must attend court to answer to the charge.If you are convicted with a first time offence of drive under suspension, you are facing a fine ranging from $1,000 to $5,000 along with 6 month suspension and the possibility of imprisonment for up to six months.
- 20. When can I talk on a my cell phone?
Since early 2010, the law was passed banning the use or handling a handheld device. However the law allows 911 calls but for any other use (calls, texts, emails) you must be safely parked on the side of the road.
As of September 1, 2015 this law has changed, with an increase in the fine and demerit points being added. The fine will has increase from $300.00 to $400.00 with 3 demerit points. Another major change is the impact to a Novice Driver (G1, G2, M1, M2). If caught and charged with Handheld Device the Novice driver will automatically have a 30 day suspension for the first conviction, 90 days for second conviction, and possible licence cancellation for third conviction.
Helpful hint – pair your bluetooth device before heading out and ensure you always use hands free.
- 21. I have a G1/G2 licence, I paid my ticket, why is my licence suspended?
Due to restrictions on a G1/G2 license, there are certain charges that will suspend your licence automatically. It can either be a specific charge (linked to the restrictions from your licence class) or the totality of demerit points accumulated. A single offence that carries 4 demerit points or multiple offences that equaling or greater than 6 demerit points in a 2 year period will initiate a suspension form the Ministry. There are numerous offences that once convicted will suspend your licence for 30, 60, or 90 days depending on circumstances. Before you just pay your ticket contact us to find out your options.
- 22. I was in an Accident, do I have to Report it to anyone?
If the damage (combined between the vehicles and occupants) is totaling $2.000.00 or greater than yes it has to be reported. If there is a personal injury, it would be documented by the Officer. Depending on where and the severity of the accident/damage you will be told to go to a reporting centre or an Officer will be dispatched to the scene. Call beforehand as more rural areas do not have a Reporting Centre.
- 23. I was in an Accident and I am injured, what now?
Depending on the circumstances you have different options. There are Benefits that can be claimed and/or Monetary Compensation that could be acquired. Contact us to find out your rights.
- 1. Do I have to fight this ticket alone?
Toll Free: 1-866-840-5401