Some representatives work in and around courthouses looking for victims. They meet clients at coffee shops only to take their money and misrepresent them. Delinquently leads to a conviction and the client is cheated. Unfortunately we regularly hear from people who have been “taken” by “fly by night operators”.

We meet people all the time that say they gave their ticket and money to someone else, now they cant find them. Or I paid a guy to go to court, they told me they took care of it and now I realized that my license has been suspended.

The distracted driving law makes it illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices. Hands-free use of these devices is permitted. The new law also prohibits the viewing of display screens unrelated to driving such as laptop computers or DVD players.

Police, paramedics and firefighters, as well as some commercial drivers and public service workers may continue to use certain hand-held devices when performing their duties. All drivers may use hand-held devices to call 9-1-1.

Studies show that a driver using a cell phone is four times more likely to be in a crash than a driver focused on the road. Dialing and texting carry the highest degree of risk of all cell phone-related activities.

The evidence speaks for itself: drivers who use cell phones are four times more likely to be in a collision than a driver who is focused on the road. Using a hands-free device is permitted as long as the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion. The driver should be able to see it at a quick glance and easily reach it without adjusting his or her driving position. For example, it could be secured in a cell phone holster, placed in the vehicle’s cup holder, or fastened to the dashboard. It should not be sitting unsecured on the passenger seat.

Case Study: John Reposa
After being charged with driving using a handheld communication device our client faced loosing his license due to accumulation of demerit points and probation with the Ministry of Transportation. This charge cannot be pleaded down. We defended our client to a not guilty verdict and he was able to keep his license.

Traffic Ticket Specialists has been dealing with speeding offences for over 10 years. We have seen the law develop and change, and continue to adapt to those changes. We take for granted none of the “perceived wisdoms” about whether the speed detection technology or legal processes are fair and correctly used.

Above all, we are proactive in fighting prosecutions and have an excellent success rate in challenging the validity of speeding prosecutions. On the rare occasions where the evidence is too strong, we can mitigate to save a driver’s license. Please see below for a recent and typical case study of one of many clients we have successfully represented, followed by an explanation of the Law relating to speeding offences.

Case Study

Our client was accused of traveling at 129 km/h in an 80-km/h zone. He was a businessman of good character with a clean license, and informed us that he was sure that he was not traveling at that speed. He did not stand to lose his license, but was so annoyed at what he felt was a clearly incompetent prosecution that he called us.

We requested 9 items of documentary evidence from the prosecution.

Some of our requests included:

-the qualifications of the Police Officer to use the Laser Speed device

-the certification and usage record of the device itself,

-written evidence showing how the device was used when our client was passing the speed trap.

The initial prosecution response was that we were engaged in a “fishing expedition”, and therefore they did not have to disclose this information. The legal rules relating freedom of information, however, have never supported this attitude, and we began to put t pressure on the Prosecution to provide us with what we required. When the Police Officer dealing with the case finally received our requests, the prosecution simply dropped the charge. This response gives some idea about Police attitudes towards what we as motoring paralegals regard to be the basic evidence in a prosecution. When put to proof, many speeding prosecutions fall apart.

The Law in Reality

Issues such as type approval of Home Office speed detection devices may seem to offer “open shut” defenses to allegations of speeding, and often do, but the fact that magistrates are often not used to dealing with legal rather than factual points to the same extent as Judges in the Crown Court can mean that defenses on a legal or technical basis can be viewed with skepticism in the Magistrates Court. To combat this, it is often necessary to call expert evidence, and make specific reference to both legal and procedural documents and good practice guides.

When a driver is involved in an accident, if there is Police involvement either at the scene or at a later point, the driver could be summoned to court for driving without due care and attention (also known as careless driving), or inconsiderate driving.

This can be a source of annoyance and distress for anyone. This can be worse where any accident was serious or stressful in itself. People can feel victimized or that they are treated like a criminal during these proceedings, and all for what is often a lapse in concentration, or often simply and accident.

We deal regularly with cases involving driving without due care and attention. We also represent people accused of Dangerous Driving, and Causing Death by Dangerous Driving.

Case Study

Our client was a businessman accused of hitting another car at a roundabout, failing to stop, and failure to report the accident to the police. As well as the failure to stop and report the accident, he received a summons for driving without due care and attention.

He was accused of driving into the other car on purpose, then speeding off. As a respected professional person, he vigorously denied this, and we prepared a case that involved numerous character witnesses, as well as commissioning a technical report into the accident, which showed that the damage could have been caused by a simple nudge, which he might not even have noticed. After the first hearing we put our case informally to the prosecution, and they dropped the case against our client.

The Law of Careless Driving explained

The offence of driving without due care and attention is contained in section 130 of the Highway Traffic Act. It can usually only be heard in the magistrates court. The Law does not actually state what careless driving means, but courts say that the standard of driving has to be that of a reasonable and careful driver. In certain circumstances, the court may look to the Highway Code as a source of advice on what constitutes good driving, but the guidelines in it do not all carry the weight of law.

The following types of behavior may constitute careless driving:

-Tailgating another vehicle
-Pulling out in front of a vehicle, creating a risk of collision
-Driving inappropriately fast according to the road conditions
-Otherwise not paying attention to the road

Penalties

Various penalties exist for careless driving. A court must endorse the license with 6 points or enter a disqualification of a length to be decided by the court, a fine will also usually be payable. A court, may, with skillful persuasion consider a very short ban as a punishment if points would result in a ban of up to 6 months or more.

A court should only consider the maximum number of points or a long ban if there has been a lot of damage, or if there have been any other aggravating features, such as other offences committed at the same time. The court may take into account the defendant’s previous driving record, and the effect of a ban on the defendant.

If you have been accused of driving without due care and attention, and a ban will have a large effect on you, we recommend getting in touch to talk about your situation.

“Failure to stop” occurs when, due to the presence of a vehicle on a road, an accident has occurred and the owner of the vehicle fails to stop at the scene, and when he or she is required to do so, does not exchange or provide their details.

Case study

Our client was accused of failure to stop and failure to report an accident. He had been driving a large vehicle and had scraped another car while passing it in traffic. He had not known that he had damaged or even touched the other, smaller car, and had therefore not known to stop.

We presented this to the court, and prepared the case for trial. This included bringing character witnesses for our client to court.

Verdict after trial: Not Guilty

The Law on Failure to Stop

The offence of failing to stop is also likely to be made out even if the driver of the vehicle stops momentarily but fails to provide sufficient details to allow for the identity of the owner of the vehicle to be ascertained.

The driver of a vehicle who stops after an accident but does not provide details when asked, by the driver of the other vehicle, or any other person in the vicinity, it is possible for the charge of failing to stop to be made out.

If the driver of the vehicle fails to stop after a collision but then returns to the scene later, it may still be possible for him/her to be guilty of the offence. The pivotal issue is centred on the particular circumstances in existence at the time.

The court, in deciding whether a person is guilty of the offence may consider factors such as the reason for departure, duration of the delay and return, knowledge of the accident and the cause of the failure.

This obligation to stop will only exist if the driver knows or should have known that an accident had taken place. Invariably, a loud bang or significant movement is a clear indicator of knowledge. If this is proven, the motorist must prove that on the balance of probabilities that he was oblivious to the accident.

Failing to report an accident

The driver of a motor vehicle, who has been involved in an accident and failed to stop and exchange particulars, has a duty to report the accident to the police within 24 hours. This 24-hour period begins from the time of the alleged incident.

There is no requirement for the motorist to report the accident to the police if he or she has stopped after the accident and exchanged particulars with the other motorist, or provided details at the scene of the incident.

Any report made to the police, needs to be made in person and a simple phone call will not be sufficient. Similarly, the report will have to be made within the stipulated 24 hour period or as soon as reasonably practicable after the incident.

Sentencing

Parliament has acknowledged the seriousness of the above offences and as a consequence, the maximum penalty for failing to stop or for failing to report is a fine not exceeding $10,000 and/ or 6 months imprisonment, although prison is unlikely except in very serious cases.

If someone is found guilty of the above offences, his or her license will also bear a loss of 7 demerit points. Disqualification is at the discretion of the court and will depend on the seriousness of the offence or if there are mitigating or aggravating factors.

Further note

If you are summoned to court for the above offences, we would always recommend securing the services of a paralegal. Even if the evidence is strong, a conviction for the above offences can often not mean losing one’s license, and, where charges are made in respect of both failure to stop and failure to report, the prosecution can often be persuaded to drop one, if not both the charges.

1. license is suspended for a Criminal Code conviction will be impounded for a minimum of 45 days;

2. Effective December 1, 2010, drivers caught driving with a driver’s license that is already under a specific Highway Traffic Act (HTA) suspension(s) – including default of family support, but not including suspensions for defaulted fines or medical conditions* will have the vehicle they are driving impounded for seven days. Also effective December 1, 2010: Impoundments for:

• Drivers required to have a vehicle ignition interlock device and who are caught driving without such a device; and
• All drivers caught with a blood alcohol concentration (BAC) over 0.08 or who fail/refuse to comply with a demand (to provide a breath sample) made by a police officer under the Criminal Code of Canada (CCC).

These are in addition to the existing 7-day impoundment for drivers engaged in a race, stunt or contest on Ontario’s roads.
A driver caught driving while his/her license is suspended for a Criminal Code conviction will be given an impoundment notice (issued by the Registrar of Motor Vehicles) by a police officer. The vehicle will immediately be towed to an impound yard for a minimum of 45 days. The vehicle owner or plate holder must pay the towing and storage costs before the vehicle is released at the end of the impoundment period.

Drivers who continue to drive while their license has been suspended for a Criminal Code conviction show no regard for the law and put others at risk. In 2009, the Ontario Ministry of Transportation recorded almost 19,000 motor vehicle-related Criminal Code convictions. Most of those convictions were related to drinking and driving. Other convictions included driving while disqualified and fail to remain at the scene of a collision.

Any person caught driving while suspended in Ontario for a Criminal Code conviction will have the vehicle he/she is driving impounded. Regardless of whether the vehicle is borrowed from a friend or family member, used for business or employment purposes, rented or leased, the vehicle will be impounded. This program applies to all motor vehicle types including passenger vehicles, motorcycles, trucks and buses.

Vehicle owners/plate holders are liable for towing and storage costs and can expect to pay up to $1,800 for a 45-day impoundment period. In addition, suspended drivers may face fines ranging from $5,000 to $50,000 if convicted under the Highway Traffic Act for driving under a Criminal Code suspension.

A vehicle owner/plate holder can appeal the impoundment.

You are responsible for taking all reasonable steps, depending on your particular situation, to ensure that every person who drives your vehicle has a valid driver’s license.

*TRAFFIC TICKET SPECIALISTS DOES NOT IMPLY OR SUGGEST WE HANDLE IMPAIRED DRIVING MATTERS, OR ANY SUPER SUMMARY OFFENCES UNDER THE CRIMINAL CODE OF CANADA. ALL OUR IMPAIRED DRIVING CHARGES ALONG WITH ANY OTHER CHARGES WE ARE NOT AUTHORIZED TO REPRESENT IN COURT , ARE HANDLED BY ALI PAZUKI AND OR JOSEPH M. SEREDA, BOTH LICENSED LAWYERS UNDER THE LAW SOCIETY OF UPPER CANADA.

Benito Zappia – benny@wewinoritsfree.com

A major conviction can result in a premium increase of 50-300% or higher. Your insurance company may also choose not to renew your policy; you would then be labeled as a high-risk driver, and placed into facility insurance where the premiums are very high. You could remain there for 3 years (minimum) or longer.

Fraud or misrepresentation to the insurance company is also considered a major offence and will be held against you for up to 6 years. Minor offences include any other Highway Traffic Act, Compulsory Automobile Insurance Act, or Municipal traffic bylaw offences. Speeding convictions between 30-49 km/h over the limit are treated more seriously than a minor offence by some insurance companies but not as serious as a major offence. These higher speeding convictions can have an immediate premium increase. By-law parking tickets may not affect your driver’s license and they may not reflect on your driving record.

Some insurance companies will not renew your policy if you have 3 or more convictions on your record within a 3-year period. The insurance companies for a minimum of 3 years before they forgive and forget hold convictions against you. Insurance companies hold all convictions against you whether they are equipment or minor offences that carry no demerit points. Insurance companies are not interested in demerit points in most instances, but insurers of commercial fleets can consider driver’s demerit and CVOR points. If the driver has 6 or more demerit points on their record, the insurance company can deem them un-insurable.

All convictions remain on your driving record for the rest of your life. Only demerit points subtract off your record after two years from the date of the offence. Pardons only apply to criminal driving offences, if granted.

Insurance companies assess fault in relation to accidents. If you are assessed an at fault accident, it will be held against you for a minimum of 5 years before the insurance company forgives and forgets. Additional at fault accidents within the 5 years will further increase your risk factor as a driver and further increase your premiums.

Insurance companies differ on their policies with regards to number of convictions and time limits etc. A few things to make note of if you receive a ticket. Before you act on the ticket consult with someone as to the repercussions. Some charges carry very high fines, into the thousands of dollars, drivers license or motor vehicle permit suspensions, demerit points, and even jail.

It is not unusual for some unfortunate drivers to be paying several thousand dollars for car insurance because they didn’t react properly to a ticket. Before you pay that ticket get the facts first.

*TRAFFIC TICKET SPECIALISTS DOES NOT IMPLY OR SUGGEST WE HANDLE IMPAIRED DRIVING MATTERS, OR ANY SUPER SUMMARY OFFENCES UNDER THE CRIMINAL CODE OF CANADA. ALL OUR IMPAIRED DRIVING CHARGES ALONG WITH ANY OTHER CHARGES WE ARE NOT AUTHORIZED TO REPRESENT IN COURT , ARE HANDLED BY ALI PAZUKI AND OR JOSEPH M. SEREDA, BOTH LICENSED LAWYERS UNDER THE LAW SOCIETY OF UPPER CANADA.