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 its regulations.
Charges under the Criminal Code of Canada will result 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
that may be available andÂ it is important to know what sentence you may get should you be
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
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.
However, there are defences that may be available. 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 driving prohibition. This charge requires the court to look at all of the
This provincial legislation outlines driving offences that do not result in a criminal
conviction.Â There are numerous possible charges under this piece of legislation and other
similar 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 may 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 are 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.