Driving offences in Hamilton and across Ontario can have serious consequences, such as an increase to insurance premiums, high fines, a license suspension and time in custody.
If you have been charged with a driving offence in the Hamilton area, then you need the help of a knowledgeable and skilled criminal defence lawyer at your side. Posner, Craig, Stein (PCS) lawyers are among the most experienced and well-known criminal lawyers in the profession. Being charged with a driving offence is a frightening and life-altering experience. Entrusting PCS with your case means that you will have an exceptional and trusted ally at your side throughout the criminal process, from the police investigation until verdict. We understand the impact that a criminal record has on a person’s future and reputation. We know that your freedom and livelihood depend on winning your case. Our lawyers work tirelessly, creatively – and in a relentless manner – inside and outside the courtroom.
Dangerous driving is a serious criminal offence. In determining whether a person was driving dangerously, a court must consider all of the circumstances, including the traffic, the nature of road and weather conditions.
Being convicted of dangerous driving in Hamilton can have severe consequences, including a mandatory one-year driver’s license suspension, a criminal record, the possibility of jail time, fines, probation and increased insurance rates.
Dangerous driving charges can in certain circumstances involve bodily harm or death. Those found guilty of dangerous driving causing death or dangerous driving causing bodily harm, are likely to serve a significant jail sentence.
Failing to stop after an accident is when a person operating a motor vehicle is in an accident and does not stop afterwards, exchange information, and check to see if anyone needs assistance. Failing to stop is an offence under both the Criminal Code of Canada and the Highway Traffic Act. A conviction for failing to remain at the scene of an accident can result in a jail sentence, a fine, and/or a driving prohibition.
Like dangerous driving, failing to remain to at the scene of an accident can, in certain circumstances, result in bodily harm or death. In these cases, lengthier jail sentences are likely.
The offence of flight from police is when a person operating a motor vehicle is being pursued by a police officer and fails, without reasonable excuse, to stop the vehicle as soon as reasonable in the circumstances, in order to evade the police officer.
The criminal offence of flight from police carries serious penalties in Hamilton and across Ontario, including a maximum jail sentence of five years. Flight from police can also involve bodily harm or death, which are sperate and more serious charges.
There is a similar offence under the Highway Traffic Act, of failing to stop for police. Although this offence will not result in a criminal record, it also has serious penalties upon conviction. If found guilty of failing to stop for police under the Highway Traffic Act, there is a mandatory minimum fine of $5000 and driving suspension of no less than 5 years.
Driving while you are prohibited from doing so by a court order, or while your license has been suspended by the Ministry of Transportation, is an offence under both the Highway Traffic Act and the Criminal Code of Canada. The penalties of being found guilty of driving while prohibited from do so can be serious. They can include jail time and/or a significant fine, even if you have no prior record.
Stunt driving is an offence under the Highway Traffic Act. A wide array of behavior qualifies as “stunt driving”. Some examples are: driving at a speed of 150 km per hour or more; driving at a speed of 50 km per hour or more over the speed limit, if the speed limit is 80 km per hour or more; driving at a speed that is 40 km per hour or more over the speed limit is less than 80 km per hour; driving a motor vehicle while the driver is not sitting in the driver’s seat; driving a motor vehicle with a person in the trunk; and driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.
Stunt driving tickets have severe penalties, including:
It is preferable to contact an experienced criminal lawyer to defend a stunt driving charge.
The defence in dangerous driving cases in Hamilton is often technical and can involve consulting closely with a forensic expert, such as an engineer or an accident reconstructionist. To defend a dangerous driving case, you will require an experienced lawyer with a broad and in-depth knowledge of the law, who is capable of examining all the possible defences. Posner Craig Stein lawyers can assist you.