Traffic offences are defined through either provincial or federal legislation. All drivers in AlbertaÂ are subject to Criminal Code of Canada offences such as driving while disqualified andÂ 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 inÂ addition to other sanctions such as fines, probation, jail and driving prohibitions. It is importantÂ that you contact a lawyer regarding these charges as there are a variety of defences available andÂ it is important to know what sentence you may get should you be convicted.
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 aÂ specified period.
For a first offence, a prosecutor will usually ask for a prison sentence. This type of offence isÂ viewed by the courts harshly because the charge is based on disobeying a court order. There areÂ defences available however. If you are found guilty of this offence, there is a further mandatory driving prohibition imposed.
Under section 249(1) of the Criminal Code of Canada, it is a criminal offence to drive when theÂ driving is viewed objectively as dangerous to the public. This requires a marked departure fromÂ the standard of care of a reasonable person. For a first offence, it results in a criminal record andÂ one-year license prohibition. This charge requires the court to look at all of the circumstances.
This provincial legislation outlines driving offences that do not result in a criminal conviction.Â There are numerous charges under this piece of legislation and other statutes such as theÂ Commercial Vehicle Dimension and Weight Regulation, the Off-highway Vehicle Regulation,Â the Operator Licensing and Vehicle Control Regulation and the Use of Highway and Rules of theÂ Road Regulation.
The Traffic Safety Act and these regulations carry varying penalties if you are found guilty ofÂ any offence. These penalties include demerits, fines, jail and license suspensions. They may alsoÂ impact your insurance rates and employment.
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 canÂ provide sound legal advice and representation. There is a wide range of potential outcomes whenÂ dealing with these charges so it is important that you know where you stand under the law. WeÂ understand that driving is an important part of your daily life and employment. Call us for a freeÂ consultation.