Accused Of A Traffic Offence And Looking For A Traffic Lawyer In Edmonton?
Driving 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 its regulations.
How An Experienced Traffic Lawyer In Edmonton Or Any Of Our Offices Throughout Alberta Can Help
Charges under the Criminal Code of Canada will result in 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 traffic lawyer in Edmonton or our office in Alberta closest to you regarding these charges as there are a variety of defences that may be 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. Life becomes very inconvenient when you can’t drive, especially if you need to drive to work, so these are instances where a Liberty Law traffic lawyer in Edmonton or one of our other offices in Alberta can be extremely useful.
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. However, there are defences that may be available. If you are found guilty of this offence, there is a further mandatory driving prohibition imposed.
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Dangerous Driving Requires A Defence Prepared By A Traffic Lawyer
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 driving prohibition. This charge requires the court to look at all of the circumstances.
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Liberty Law Lawyer Brian Hurley helps you navigate through the complexities of the legal system.
Traffic Safety Act
This provincial legislation outlines driving offences that do not result in a criminal conviction. There are numerous possible charges under this piece of legislation and other similar 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 may 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 Liberty Law traffic lawyer in Edmonton, Grande Prairie, or one of our other offices in Alberta. 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 with the law.
We understand that driving is an important part of your daily life and employment. Call our Edmonton driving offence lawyers today for a free consultation.
