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.
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.
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.
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.
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.