Traffic Tickets

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SW Advantage | Insurance Implications | Your Rights | Points System

For the best Defense of your traffic ticket call SW Legal Services 905-747-3315

Did you know that driving convictions stay on your driver’s record for life?

Can you afford to pay double or triple your current insurance rate for the next 5 – 7 years?

We fight all serious offences;

  • Stunt Driving
  • Racing
  • Drive While Under Suspension
  • Drive Motor Vehicle Without Insurance
  • Careless Driving
  • Red light Fail to Stop
  • Speeding

Being charged with a traffic ticket or offence summons, can be a confusing and frustrating experience. Having a serious car accident, resulting in possible injuries, and a traffic ticket, can be traumatic. We understand your situation and have the skills to help you when you need it most. Drivers rely on their license to support their family, for their job, and mobility. If you are facing an offence it may cost you hundreds to thousands of dollars in fines and possible demerit points, you need the experienced representation of SW Legal Services to ensure you protect your record and keep your license.

SW Legal Services regularly appears before the Provincial Offences Courts in York Region, Newmarket, Richmond Hill, Toronto, Aurora, Brampton, Mississauga, and Durham.

The SW Advantage

After years as a Prosecutor, Peter Swales gained a strong reputation for his litigation skills. Creative defense arguments were natural after a long career as a Provincial Offences Act Prosecutor. Peter Swales has the experience of litigating hundreds of trials in various areas of the Provincial Offences Act. Because of this, SW Legal Services focuses on serious cases where a technical, advanced defense is all that can win. We are often called upon by other firms to litigate their trials. Tough trials need a tough defense, and we have the experience to create a winning formula.

SW Legal Services has a winning track record earned through aggressively litigating on behalf of our clients. Preparation of cases is the foundation of a good technical defense. SW Legal Services regularly appears before the Provincial Offences Courts in York Region, Newmarket, Richmond Hill, Toronto, Aurora, Brampton, Mississauga, and Durham.

SW Legal Services can help you with any traffic ticket or offence, including offences such as minor speeding tickets, or failing to surrender a valid Driver’s license. Tickets that have only a small fine and no points can still have a drastic impact on your insurance premiums. That’s why it’s more important now than ever for you to understand the real implications of a conviction against your driving record.

If you’ve been in an accident call SW Legal Service 905-747-3315

Accidents raise serious issues of liability and the possibility of increased penalties at trial. SW Legal Services has skilled representatives who can aggressively formulate a defense for you. In an at fault accident a good technical defense in your traffic ticket trial may make a difference in your fault determination if you find yourself being sued civilly.

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Insurance Implications

In the Province of Ontario, traffic tickets can increase your insurance premiums anywhere from 20-500%. Convictions of more serious driving offences, such as careless driving, driving without insurance, or driving while under suspension, will often result in your insurance company canceling your policy; citing you as a ‘high risk’ driver. This means finding ‘high risk’ or ‘facility’ insurance at astronomical cost. This can leave you frustrated, possibly without a job, and unable to provide for your family.

SW Legal Services regularly appears before the Provincial Offences Courts in York Region, Newmarket, Richmond Hill, Toronto, Aurora, Brampton, Mississauga, and Durham.

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Defend your Rights call SW Legal Services 905-747-3315

Your Rights

If you’re facing a traffic offence, you have the same rights under the Canadian Charter of Rights and Freedoms as anyone charged with a severe criminal offence. The right to disclosure of the case against you is one fundamental element; as is an expeditious trial. It’s important that you obtain the benefit of a legal Representative who can protect your rights, and knows the proper procedures to do so. At SW Legal Services we have the skills to get you results.

SW Legal Services regularly serves clients who have received traffic tickets in the GTA, Toronto, York Region, Aurora, Newmarket, Richmond Hill, Brampton, Mississauga, Durham and surrounding areas.

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For top traffic ticket defense call 905-747-3315

Points System

Drivers convicted of certain driving-related offences have demerit points recorded on their records. It is a common misconception that drivers "lose" points due to convictions for certain traffic offences. In fact, a driver begins with zero demerit points and accumulates demerit points for convictions. Demerit points stay on your record for two years from the offence date. If you collect enough points, your drivers’ license could be suspended, or revoked.

SW Legal Services regularly serves clients who have received traffic tickets in the GTA, Toronto, York Region, Aurora, Newmarket, Richmond Hill, Brampton, Mississauga, Durham and surrounding areas

Below is a table outlining the demerit point penalties for driving offences;

Offences

Highway Traffic Act Section

Demerit Points

Failing to remain at scene of accident

Section 200

7

Driver failing to stop when signaled or requested to stop by a police officer

Section 216 except where a suspension order is made under subsection 216 (3)

7

Racing & Stunt Driving

Section 172

7

Careless driving

Section 130

6

Speeding 50 over

Section 128

6

Exceeding speed limit by 30 to 49 km/h

Section 128 (b) 30 km/h or more and less than 50 km/h

4

Exceeding speed limit by 16 to 29 km/h

Section 128 (c) more than 15 km/h and less than 30 km/h

3

Driver of public vehicle or school bus failing to stop at railway crossings

Section 174 (1) and (2)

5

Driving through, around or under railway crossing barrier

Section 164

3

Failing to yield right of way

Section 135 (2) and (3)
Section 136 (1) (b) 136 (2)
Section 138 (1)
Section 139 (1)
Section 141 (5)
Section 144 (7), (8) and (21)

3

Failing to obey a stop sign, signal light or railway crossing signal

Section 136 (1) (a)
Section 144 (14), (15), (16), (17), (18) and (21)
Section 146 (3) and (4)
Section 163
Any municipal by-law requiring a driver to stop for a stop sign or signal light.

3

Failing to obey directions of police constable

Section 134 (1)

3

Driving or operating a vehicle on a closed highway

Section 134 (3)

3

Failing to report an accident

Sections 199 (1) and (1.1)

3

Improper passing

Section 148 (8)
Section 149
Section 150
Section 166

3

Improper driving where highway divided into lanes

Section 154

3

Failing to stop for school bus

Sections 175 (11) and (12)

6

Following too closely

Section 158

4

Crowding driver's seat

Section 162

3

Drive wrong way - divided highway

Clause 156 (1) (a)

3

Cross divided highway - no proper crossing provided

Clause 156 (1) (b)

3

Wrong way in one way street or highway

Section 153

3

Backing on highway

Subsection 157 (1)

2

Pedestrian crossover

Subsections 140 (1), (2) and (3) t

3

Failing to share road

Subsections 148 (1), (2), (4), (5), (6) and (7)

2

Improper right turn

Subsections 141 (2) and (3)

2

Improper left turn

Subsections 141 (6) and (7)

2

Failing to signal

Subsections 142 (1), (2) and (8)

2

Unnecessary slow driving

Section 132

2

Failing to lower headlamp beam

Section 168

2

Improper opening of vehicle door

Section 165

2

Prohibited turns

Section 143 and subsection 144 (9)
Any municipal by-law prohibiting turns

2

Towing of persons on toboggans, bicycles, skis, etc., prohibited

Section 160

2

Failing to obey signs prescribed by regulation under subsection 182 (1)

Subsection 182 (2)

2

Driver failing to wear complete seat belt assembly

Subsection 106 (3)

2

Driver failing to ensure passenger under 16 years wears complete seat belt assembly

Subsection 106 (6)

2

Driver failing to ensure infant passenger is secured as prescribed

Section 8 (2) of Regulation 613

2

Driver failing to ensure toddler passenger is secured as prescribed

Section 8 (3) of Regulation 613

2

Driver failing to ensure child passenger is secured as prescribed

Section 8 (4) of Regulation 613

2

Failing to slow down and proceed with caution when approaching stopped emergency vehicle

Section 159.1 (1)

3

Failing to move into another lane when approaching stopped emergency vehicle - if safe to do

Subsection 159.1 (2)

3

Motor vehicle equipped with or carrying a speed measuring warning device

Subsection 79 (2)

3

Improper use of high occupancy vehicle lane

Subsection 154.1 (3)

3

Failing to obey traffic control stop sign

Subsection 146.1 (3)

3

Failing to obey traffic control slow sign

Subsection 146.1 (4)

3

Failing to obey school crossing stop sign

Subsection 176 (3)

3

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