HIGHWAY TRAFFIC OFFENCES

If you have been charged with contravening the Highway Traffic Act or related legislation, you are encouraged to contact a lawyer immediately. The timelines relating to your specific offence will be set out in the charging document that you have been provided. The Offence Notice will also indicate a “set fine” for the offence, if one is available. Upon receipt, you have three (3) options:

·                     Plead guilty - sign the back of the ticket and pay the set fine;

·                     Plead guilty – with explanations/submissions; or

·                     Plead not guilty – proceed to trial.

If you choose the first option, you do not have to appear in court. Rather, once payment is received, the matter will be considered resolved.  With the second option, you and/or your lawyer may request a reduction of the monetary penalties associated with your charge(s). In appropriate circumstances, the court may be agreeable to a significant reduction. Unfortunately, the court will not have the jurisdiction to reduce the corresponding demerit points if there is a finding of guilt.

If you intend to plead not guilty and/or guilty with submissions, it is extremely important that you deliver the Offence Notice to the Provincial Offences Court within fifteen (15) days. If you do not respond in time, you will automatically be convicted. That being said, if you have a valid reason for not responding, for instance, due to medical reasons, you may attend at the court and see if you can have the conviction struck out.

It is important to contact a lawyer before entering a plea. Our firm can assist with any and all traffic-related offences, including, but not limited to, speeding, careless driving, fail to report/remain, improper use of a seatbelt, driving without insurance, driving while suspended, and stunt driving.

-          Benjamin Dawkins is a Timmins lawyer with the firm Evans, Bragagnolo & Sullivan www.ebslawyers.com. You can contact Benjamin at bdawkins@ebslawyers.com.