Do traffic tickets create a criminal record?

No. Provincial offence convictions are recorded on the driving record, not the criminal record. They do not appear on a criminal record check, although they can appear on a driver abstract requested by an employer or insurer.

Is it worth fighting a ticket?

Often, yes, because the insurance consequence over three years usually exceeds the fine by a wide margin. Requesting disclosure and a trial also frequently produces an offer to plead to a lesser offence with fewer demerit points.

What happens with stunt driving charges?

Stunt driving and racing provisions carry an immediate roadside licence suspension and vehicle impoundment before any trial, along with heavy fines and a possible longer suspension on conviction. These charges should be addressed with counsel promptly.

Driving Offences

Highway Traffic Act Lawyer in Canada

A Highway Traffic Act lawyer defends charges under Provincial highway traffic legislation and the Provincial Offences Act. This page sets out what the offence covers, what must be proven, the penalties and licence consequences that can follow and the defences that are commonly available, then lists criminal defence firms you can contact.

Provincial highway traffic legislation and the Provincial Offences Act·provincial offence

What Highway Traffic Act Offences covers under provincial traffic law

Highway Traffic Act offences are provincial regulatory offences prosecuted under provincial offences procedure rather than the Criminal Code. They cover speeding, stunt driving, failing to stop, improper turns, unsafe lane changes, driving without insurance and dozens of other charges.

Although a conviction does not create a criminal record, the consequences can be severe. Stunt driving and racing provisions carry immediate roadside licence suspensions and vehicle impoundment, and heavy commercial vehicle and insurance offences carry fines running into the thousands of dollars.

Most of these offences are absolute or strict liability. For strict liability offences the defendant can raise due diligence or reasonable mistake of fact; for absolute liability offences, proof of the act is proof of the offence, which is why absolute liability offences cannot carry imprisonment.

What must be proven

The prohibited act under the specific section charged
That the vehicle was operated on a highway as defined by the statute
Identity of the driver or, for owner liability offences, of the registered owner
Compliance with the certificate of offence and service requirements
That the prosecution was commenced within the limitation period

Penalties and licence consequences

Fines, which are substantially increased in community safety zones and construction zones
Demerit points leading to interviews, suspensions and licence loss
Immediate roadside suspension and vehicle impoundment for stunt driving and racing
Large insurance premium increases, often the most costly consequence
Consequences for commercial drivers, including effects on the carrier safety rating

Common defences

Due diligence or reasonable mistake of fact for strict liability offences
Challenging speed measurement evidence, including radar and laser calibration and operator training
Disclosure requests, since incomplete disclosure can result in the charge being withdrawn
Defects in the certificate of offence or in service
Necessity, in the narrow circumstances where it applies
Negotiating a plea to a lesser offence carrying fewer or no demerit points

Highway Traffic Act lawyer: frequently asked questions

Do traffic tickets create a criminal record?: No. Provincial offence convictions are recorded on the driving record, not the criminal record. They do not appear on a criminal record check, although they can appear on a driver abstract requested by an employer or insurer.
Is it worth fighting a ticket?: Often, yes, because the insurance consequence over three years usually exceeds the fine by a wide margin. Requesting disclosure and a trial also frequently produces an offer to plead to a lesser offence with fewer demerit points.
What happens with stunt driving charges?: Stunt driving and racing provisions carry an immediate roadside licence suspension and vehicle impoundment before any trial, along with heavy fines and a possible longer suspension on conviction. These charges should be addressed with counsel promptly.

Find a Highway Traffic Act lawyer

Criminal defence firms listed on Criminal Lawyers Canada that identify Highway Traffic Act Offences among their practice areas. Featured listings appear first.