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COVID 19 - Update

2020-07-28

In person appearances in Ontario Court of Justice has been delayed once again until at least September 2020. All limitation periods have been extended as well.

For more information contact Traffic Law Paralegal Services or check our website http://www.trafficlawparalegal.com

Traffic Law Paralegal Services - traffic tickets defence you can rely on!

2017-03-09

If you are charged with a traffic ticket is time to make a smart choice and retain a professional to assist you defending the allegation. At Traffic Law Paralegal Services we always offer a free evaluation of your traffic case! 

http://www.trafficlawparalegal.com

Articles

Demerit Points - Explained

2020-07-28

One of the most common concerns we hear "I do not want to lose my demerit points!" On the first glance, it may be a valid concern to someone who has already accumulated many demerit points and is at risk of losing his/her license. However, in many instances understanding of demerit points and its impact is misunderstood. In this article you will learn the purpose and impact of the demerit points associated with traffic ticket convictions.

Demerit Points

Imposition of demerit points is governed by a regulation under the Highway Traffic Act. The intent of demerit points is to create a system that would control one's ability to "rack up" number of points and continue to operate a motor vehicle. As an example, a single careless driving ticket carries 6 demerit points. Every driver in Ontario is given a limit of the demerit points that could be accumulated in any 2 years.

G - 15 points

G2 / GM2 - 9 points

If a driver accumulated maximum number of prescribed points in any two year period, their license will be suspended by the Ministry of Transportation. It is important to note that demerit points are retroactive to the offense date. In other words, 2 years start "ticking" from the date the ticket is issued even if the allegation is being disputed and such ticket is not on your record. Demerit points are removed automatically upon the expiry of 2 years from the date of the infraction. Not all traffic tickets carry demerit points. In fact, some of the most serious violations such as driving without insurance, driving suspended and many others do not have demerit points attached to it. It is important to understand that imposition of demerit points is only one of the factors to consider when dealing with a traffic ticket. Naturally, nobody wants to lose their ability to drive. Demerit points do not affect insurance rates and have no correlation with such misconception.

Driving Record

Each traffic ticket is an allegation of a prohibited conduct until the defendant either admits the allegations (paying the ticket or pleading guilty in court) or disputes the allegations in court and is found guilty. Allegations of a traffic ticket are not recorded on your driving record and have no impact on your insurance rates. When you plead guilty (admit the allegation) or found guilty in court a "conviction" is recorded on your drivers abstract. A conviction on your record is what affects your insurance rates! A conviction for an offense that does not have demerit points will still be reflected on your driving record. Please note, unlike demerit points, a record of a conviction will remain on your driving record from the date of the determination of guilt (i.e. pleading guilty of being found guilty). Most insurance companies will check your driving abstract upon renewal of your car insurance.

All traffic ticket convictions are categorized by the insurance companies as:

Minor offenses

Major offenses

Serious offenses

Number of traffic ticket convictions and its classification is arguably most important factors to consider. A minor conviction with 0 demerit points may not bear a different result than a minor conviction with 3 demerit points. It is unfortunate but many self-represented defendants are prepared to plead guilty to an offense just because it does not have any demerit points associated with it (often abandoning available defenses).

A competent legal service professional can help you understand the implication of the conviction, points, etc and provide an invaluable assistance through this seemingly complex situation.

Traffic Law Paralegal Services - https://www.trafficlawparalegal.com