Traffic offences are violations of provincial legislation, and do not result in a criminal conviction or a criminal record. That being said, serious traffic offences can result in significant fines, driving suspensions, and in some circumstances, even jail. In Ontario, traffic offences are found in the Highway Traffic Act.
Bylaw offences are violations of municipal legislation, and do not result in a criminal conviction or a criminal record. That being said, serious bylaw offences can result in significant fines, driving suspensions, and in some circumstances, even jail.
In the Greater Toronto Area, some bylaws include:
TTC By-law No. 1, which governs the Toronto Transit Commision, and
The City of Toronto Municipal Code, which governs a wide variety of conduct within the city.
Demerit points for traffic offences
For certain traffic offences, you can receive 2 – 7 demerit points. You start out with zero demerit points, and then you can gain them if you are convicted of certain traffic offences. You can even gain demerit points if you are convicted of traffic offences in other Canadian provinces, New York, and Michigan.
If you collect 2 to 8 demerit points, you will be sent a warning letter. If you collect 9 – 14 demerit points, your driver’s licence could be suspended. With 9 – 14 accumulated points, you may receive notice of a ‘demerit point interview’, in which you will have to provide reasons why your licence should not be suspended.
If you receive 15 or more demerit points, your driver’s licence will be suspended and you will be asked to surrender your licence.
Since demerit points are applied automatically upon being convicted of a traffic offence, you cannot appeal a demerit point suspension. That is why you must address each traffic offence as it arises, before the accumulated demerit points result in a suspension.
One of our skilled criminal defence lawyers can review the evidence in your case and assess how to best address your traffic or bylaw offence.
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