Harsher Penalties Proposed for Distracted Driving Harsher penalties have been proposed for distracted and careless drivers, in an effort to help save the lives of pedestrians and cyclists. The proposed changes introduce a new provincial offence for careless driving causing death or bodily harm, tougher punishments for distracted driving and increased penalties for drivers who fail to yield for pedestrians. The legislation will be introduced this fall, but may take up to two years to come into effect. These changes would amend the Highway Traffic Act, and drivers will see significant penalty increases, such as a licence suspension up to five years, two years in jail, and fines up to $50,000. In addition, fines for using a cellphone behind the wheel and other offences will see stricter and stiffer penalties, and could see distracted driving penalties change to the following: For fully licensed drivers: Current: Fine of $300 – $1,000 Three demerit points Proposed: First conviction: 3 day licence suspension $500 – $1,000 fine Three demerit points Second: 7 day suspension $500 – $2,000 fine 6 demerit points Third: 30 day suspension $500 – $3,000 fine 6 demerit points For novice drivers (G1, G2, M1, M2) will face the same fine structure, but will be given the following: No demerit points First conviction: 30 day licence suspension Second: 90 Day suspension Third: Cancellation of licence For more information on these proposed changes and to see the full list of proposed changes, please visit this link to view the Government of Ontario, Ministry of Transportation’s News release. At Devry Smith Frank LLP we have experienced lawyers in all areas of law. If you are looking for a lawyer or have general questions, please feel free to contact one of our lawyers today, or call us directly at 416-449-1400. By: Nicolas Di Nardo “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawSeptember 22, 2017June 18, 2020
Mitchell Irwin Sentenced to 4 years Behind Bars, 6 year Driving Ban By: Nicolas Di Nardo Yesterday’s blog outlined the incident that occurred on June 13, 2015, when Mitchell Irwin sped through an intersection, hit a cyclist and left the scene. The cyclist later passed away due to major head trauma. Mentioned in the previous blog were the statement of facts, along with the charges laid in the initial arrest: Criminal negligence causing death (sec. 220) Failing to remain (sec. 252) Violating bail conditions, which includes: Communicating with two friends who were in the car at the time Consuming alcohol Irwin was sentenced yesterday for above hit-and-run. He was sentenced to: 4 years in prison 6 year driving ban (following his prison sentence) This was given out on Monday after pleading guilty last Friday to dangerous driving causing the death of Adam Excell, and failing to remain at the scene and breaching his bail conditions. Excell’s family still does not believe that justice was served after hearing the sentence. They believe that “if you take someone’s life while driving, you shouldn’t be able to drive…you shouldn’t have that privilege.” If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 25, 2017June 22, 2020
Driver Charged in Attack of 74 year-old Cyclist in Peterborough By: Nicolas Di Nardo A video that surfaced (WARNING: Graphic Content) on the internet of an incident that occurred last Tuesday around 11 a.m., has led to a man being charged for aggravated assault and assault with a weapon. The man in question, David Fox, 65, is shown in the graphic video beating a man with a club while kneeling over top of him on the side of the road. Police have said that an argument had taken place between the 74 year old cyclist and the truck driver prior to the attack. Fox’s only defence in the video when confronted was that he “tried to walk away.” Later on it was reported that Fox had fled with scene in his truck. Luckily for the cyclist, the woman recording was able to get a clear shot of the attacker, the truck’s make, model, and license plate, not to mention also capturing part of the attack. She unfortunately was unable to record the beginning of the confrontation that led to the attack. A number of bystanders cam to the aid of the cyclist when they realized what was going on, and attempted to contain the driver until police arrived, but were unsuccessful. An hour later, Police arrested David Fox, while the cyclist was transported to the hospital, and was treated and released. David Fox is scheduled to appear in court on August 24th, and was released from custody. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Criminal LawJuly 25, 2017June 22, 2020