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Traffic Offences

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Traffic offences are defined through either provincial or federal legislation. All drivers in Alberta are subject to Criminal Code of Canada offences such as driving while disqualified and dangerous driving as well as the Traffic Safety Act and it’s regulations.

Charges under the Criminal Code of Canada carry a criminal conviction on your record in addition to other sanctions such as fines, probation, jail and driving prohibitions. It is important that you contact a lawyer regarding these charges as there are a variety of defences available and it is important to know what sentence you may get should you be convicted.

Driving while Disqualified

Under section 259(4) of the Criminal Code, it is a criminal offence to drive while under a driving prohibition. This prohibition comes from a judge ordering you not to drive for a specified period.

For a first offence, a prosecutor will usually ask for a prison sentence. This type of offence is viewed by the courts harshly because the charge is based on disobeying a court order. There are defences available however. If you are found guilty of this offence, there is a further mandatory driving prohibition imposed.

Dangerous Driving

Under section 249(1) of the Criminal Code of Canada, it is a criminal offence to drive when the driving is viewed objectively as dangerous to the public. This requires a marked departure from the standard of care of a reasonable person. For a first offence, it results in a criminal record and one-year license prohibition. This charge requires the court to look at all of the circumstances.

Traffic Safety Act

This provincial legislation outlines driving offences that do not result in a criminal conviction. There are numerous charges under this piece of legislation and other statutes such as the Commercial Vehicle Dimension and Weight Regulation, the Off-highway Vehicle Regulation, the Operator Licensing and Vehicle Control Regulation and the Use of Highway and Rules of the Road Regulation.

The Traffic Safety Act and these regulations carry varying penalties if you are found guilty of any offence. These penalties include demerits, fines, jail and license suspensions. They may also impact your insurance rates and employment.

Some examples of offences under this legislation include:

  • Speeding (section 115(p) of the Traffic Safety Act)
  • No insurance (section 54(1)(a) of the Traffic Safety Act)
  • Driving while suspended (section 94(2) of the Traffic Safety Act)
  • Failing to produce a valid driver’s licence (section 51(d) of the Traffic Safety Act)
  • Stunting (section 115(2)(f) of the Traffic Safety Act)
  • Careless driving (section 115(2)(b) of the Traffic Safety Act)
  • Operating a commercial vehicle on a highway when the gross weight on a tire exceeds 3650 kg (section 9(1)(a) of the Commercial Vehicle Dimension and Weight Regulation)

Given the consequences of a conviction under this legislation, it is important that you contact a lawyer. At Liberty Law, we have years of experience dealing with these offences and can provide sound legal advice and representation. There is a wide range of potential outcomes when dealing with these charges so it is important that you know where you stand under the law. We understand that driving is an important part of your daily life and employment. Call us for a free consultation.

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If you have a criminal law issue, contact one of our lawyers immediately.

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