Demerit Points

Drivers with traffic tickets or summonses with this speed may also be charged with Stunt Driving which has fines from $2,000 up to $10,000, or imprisonment of up to 6 months, or both and their licence may be suspended for up to 2 years on a first conviction and up to 10 years for a subsequent conviction.

Quite often you will see a police car stopped behind another police vehicle that has its roof lights activated and has made a traffic stop.

This second police car is sometimes there to watch for vehicles that do not move from the lane closest to the police cars or other emergency vehicles and leave a lane clear while passing. It is very important for drivers to be very clear of their surroundings and be able to determine the presence of other vehicles that might prevent them from changing lanes. In any event, a reduction in speed is a must.

Fines for a conviction on this charge range from $400 to $2000 for a first offence and on a subsequent offence, between $1000 and $4000 or imprisonment for up to six months, or to both. In addition a licence may be suspended for up to two years, even on a first offence.

Contrary to popular belief, when facing and approaching a solid amber (or yellow), signal, it does NOT mean, “Go faster.” It does mean you have to stop, “…if he or she can do safely, otherwise he or she may proceed with caution.” The same applies to amber arrows.

The length of the amber light varies according to the width of the intersection and the speed limit at the location. The length the light stays amber can be between 3 seconds to just under 5 seconds.

A red light, on the other hand, has no provision for anything other than coming to a complete stop at the place indicated by any markings on the road. Snow drifts, black ice or freezing rain makes no difference to the requirement to stop. This is what is known as an absolute liability offence.

The standard fine for most traffic light offences is $260 but could be up to $1,000.

If served with a ticket for this or any offence involving traffic signals, contact us for an honest appraisal of your situation and how POINTTS can help you in court.

There are a lot of different signs listed in the regulations under the Highway Traffic Act. Any contravention of a sign carries two demerit points and has a set fine of $85.

There are limited options by way of an outright defence to these charges as the courts have ruled that if there is a sign, it’s there to be seen. Contact us anyway if you get such a ticket. There may still be something we can help you with.

This is not the same as not stopping for a police officer.

This is where the police are directing traffic to:

a)      To ensure orderly movement of traffic;
b)      To prevent injury or damage to persons, property
c)      To permit proper action in an emergency.

 The standard fine for this is $85 and a conviction carries three demerit points.

This offence is similar to “Failing to remain” under the Criminal Code of Canada which carries a presumption in law that where a person does leave the scene, they did so with the intention of avoiding civil or criminal liability. The difference here is that under the Highway Traffic Act there is no presumption but neither does an intention to leave need to be proved.

This conviction carries the most demerit points of any offence under the HTA. That is, as long as there is no suspension imposed by the court of up to two years. Fines can range between $400 and $2,000 together with imprisonment of up to six months.

There are many ways to share the road as described in the Highway Traffic Act. The simplest way to explain them is that when overtaking others, give them room. When meeting others, keep to your side of the roadway and when being passed, move to the right.

The standard fine is $85 and all offences under this section carry two demerit points.

This came about from police officers and other emergency workers and vehicles were being hit by passing vehicles.
A driver who is approaching on the same side of the highway as the emergency vehicle with its flashing lights (red or red & blue) activated shall slow down and proceed with caution. In addition, if there are more than two lanes of traffic on the same side of the highway and the emergency vehicle is in the same lane OR an adjacent lane, then the driver must, apart from slowing down, move to another lane if it is safe to do so. This applies to either half of a divided highway, depending on which side the emergency vehicle is stopped, the left shoulder or the right shoulder.

Apart from three demerit points upon conviction, the fine ranges from $400 to $2,000 for a first offence and goes up to between $1,000 and $4,000 or to jail for up to six months or to both.

The registered owner of the vehicle may be charged or served with a traffic ticket for this offence as a result of the school bus driver taking down the offending vehicle’s licence number and making a complaint to the police.

Recent increases now have fines ranging from $400 to $2,000 with six demerit points if the driver is convicted. A second or subsequent conviction within 5 years of a previous conviction means the fine ranges from $1,000 to $4,000 or to imprisonment for up to six months, or to both.

“A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signaled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.”

This offence carries 7 points, the highest number of demerit points under the Highway Traffic Act.

The penalties on a first conviction can range from $1,000 to $10,000, up to six months in jail or to both.

This charge is seldom issued by police any more as it is very difficult to prove beyond a reasonable doubt. A collision is not proof of the charge, despite what many police will say. There has to be evidence from the driver that was hit as to his knowledge of what was going on behind them. There could always be an independent witness but not very likely.

If an officer charges you because of his observations of your driving, this can usually be argued that it was nothing other than his subjective opinion.