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.
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 an Edmonton driving offence lawyer 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.
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. 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 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.
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.
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 are 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 our Edmonton driving offence lawyers today for a free consultation.Request Free Consultation
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