Skip to main content


One of the biggest fears we get when speaking to potential clients is “will I get a criminal record if I get convicted of my Drive Suspend charge?”. The good news, is that the answer is “no”, but the bad news is that the penalties are very similar to criminal charges. This is referred to as “quasi-criminal”. This is defined by the Attorney General site of Ontario as:

Quasi-Criminal Offence. A non-criminal offence that carries a penalty similar to that of a criminal offence, but that is subject to less complex court procedures than are criminal offences. For example traffic and workplace safety offences.

What Does a "quasi-criminal" conviction mean for me?

This means that, depending on the circumstances of your Drive Suspended charges, the prosecutor has the right to ask for harsh penalties like jail time or severe fines that sound a lot like criminal penalties. But, at the end of the day, they will not translate into a criminal record. Rather they are deterring penalties that will reside on your driving abstract.

Granted, having potential jail-time is a penalty that most do not want to endure regardless of where it appears on your record. Drive Suspend charges that entail jail time, still send you to the same jails that persons with criminal charges are sent.

Similarly, high fines are still painful to your financial well-being, regardless of whether they are traffic or criminal penalties.

What Can Drive Suspend legal representation do for me?

When we represent a client, we treat the penalties just as serious as a criminal proceeding, even if they don’t result in a criminal record. Our only job is to fight against these penalties in relation to your Drive Suspend charges. After all, these are major civil liberties that are at stake.

https://youtu.be/jfjuQuGoT90 https://www.nextlaw.ca/2020/10/07/is-driving-under-suspension-a-criminal-charge/

Comments

Post a Comment

Popular posts from this blog

Why Office Location is Irrelevant When Choosing Ontario's Best Stunt Driving Lawyer When facing stunt driving charges under Section 172(1) of Ontario's Highway Traffic Act, many defendants make a critical error that could compromise their defence: choosing legal representation based solely on proximity to their courthouse. Jon Cohen, legal representative at Nextlaw—Ontario's leading stunt driving lawyer—explains why this geography-based approach is not only outdated but potentially harmful to your case outcome. The Virtual Court Revolution Changed Everything Since 2021, Ontario's court system has undergone a fundamental transformation that most defendants don't realize. Court appearances for legal representatives are now conducted one hundred percent online across all fifty-two Provincial Offences Courts in Ontario. This shift to virtual proceedings means that whether Nextlaw operates from its Toronto office at 250 University Avenue or any other location in On...
Post a Comment
Read more
Challenging a distracted driving charge in Ontario is not a lost cause. With the right strategies, you can successfully defend yourself. Here are the most effective defences that have brought relief to many facing these charges. 1. Insufficient Evidence Officer's Observations The prosecution must prove that you were using a prohibited device while driving. The officer's testimony must be clear and consistent about what they observed. If there are gaps or inconsistencies in their observations, this can create reasonable doubt about your guilt. 2. Emergency Situation Defence Legitimate Emergencies Ontario law recognizes exceptions for emergencies. If you can demonstrate that you were using your device to: - Call 911 - Contact emergency medical services - Respond to a genuine emergency This defence can be valid, though you must provide concrete evidence to support your claim. 3. Technical Device Defence Device Status and Mounting This defence focuses on...
Post a Comment
Read more
Distracted driving has become one of the most significant road safety issues in Ontario and across Canada in recent years. To address this growing problem, the Ontario government introduced Section 78(1) of the Highway Traffic Act, which prohibits using hand-held devices while driving. This article provides a detailed overview of Section 78(1), its implications for drivers, and its impact on road safety in Ontario. Background and Context With the proliferation of smartphones and other mobile devices, distracted driving emerged as a significant concern. Studies have shown that using a phone while driving significantly increases the risk of accidents. In response, Ontario first banned hand-held devices while driving in 2009. Section 78(1) was later introduced to strengthen and clarify these laws. Key Provisions of Section 78(1) - Section 78(1) of the Highway Traffic Act states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless co...
Post a Comment
Read more