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    • Tag: Highway Traffic Act

    Harsher Penalties Proposed for Distracted Driving

    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 Law
    3-Point Turns are U-Turns, Says Police and Courts

    3-Point Turns are U-Turns, Says Police and Courts

    Many drivers know the difference between a U-turn and a 3-point turn, but it turns out that each have some similarities.

    A man from Brampton, Michael Robinson, executed a three-point turn on Sunforest Drive when he was pulled over by a Peel Regional Officer for disobeying a “No U-turn” sign, and was given a ticket.

    This raises the question, Is a three-point turn also a U-turn? The police and the courts say, yes.

    The Ontario Highway Traffic Act intentionally does not define a U-turn, in order to allow “liberal interpretation of your behaviour. If it’s too clearly defined, people can then create a conduct that may not fit the definition and get off free,” says Jordan Donich, a traffic lawyer.

    He goes on to say that the driver’s intent to turn around is more important than the manoeuvre itself, so even though a fundamental difference between a three-point turn and a U-turn is that one involves three separate actions compared to a single one, it is not relevant to the overall infraction that occurred. Therefore, a three-point turn for the purposes of the Ontario Highway Traffic Act is not legally distinct from a U-turn, as it is the fact that the vehicle was going in the opposite direction that is the main focus.

    Section 143 of the Highway Traffic Act states that a U-turn is a turn “so as to proceed in the opposite direction,” which was what led to Robinson’s charge. On the 18th of August he was found guilty of disobeying a sign and handed demerit points.

    The officer that testified said that he did a U-turn because he didn’t fully leave the roadway during the three-point turn, which the courts agreed with, given the previous explanation of the interpretation of the Highway Traffic Act.

    Robinson is still upset with the decision and would’ve continued to fight, but doesn’t possess the time or funds to continue on.

    If you require representation please contact the lawyers of Devry Smith Frank LLP at 416-449-1400 .

    By: Nicolas Di Nardo

    “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