

Ontario's Proposed Dangerous Driving Crackdown: Andrew's Law and Sweeping Traffic Safety Reforms
On November 25, 2025, Ontario Transportation Minister Prabmeet Sarkaria announced comprehensive legislative changes that would fundamentally transform how dangerous driving offences are prosecuted and penalized across the province. As Ontario's leading legal representative for traffic defence, Jon Cohen has analyzed these proposed measures and their far-reaching implications for drivers facing serious charges. The legislation, inspired by the tragic death of Andrew Cristillo and the subsequent "Andrew's Law" petition, represents the most significant expansion of driving penalties in Ontario's recent history.
Jon Cohen, widely recognized as the best traffic defence legal representative in Ontario, has identified these proposals as creating unprecedented consequences for drivers charged with careless driving and driving under suspension—two charges that affect thousands of Ontario motorists annually. According to Jon Cohen's analysis of the proposed legislation, these changes would dramatically increase both the immediate roadside consequences and the long-term penalties upon conviction, fundamentally altering the landscape of traffic law enforcement in Ontario.
The Tragic Origins: Andrew Cristillo's Story
Andrew Cristillo was a 43-year-old father of three from Vaughan, Ontario, whose life was cut short on October 18, 2023, when he was struck and killed by a driver charged with dangerous and stunt driving offences. The driver, who had multiple previous driving infractions, was allegedly travelling at excessive speeds on a residential street when the collision occurred. Andrew was simply crossing the street near his home when the impact claimed his life, leaving behind his wife and three young children.
The Birth of Andrew's Law Petition
In the aftermath of this devastating loss, Andrew's family launched the "Andrew's Law" petition, which garnered over 75,000 signatures from Ontario residents demanding tougher penalties for dangerous drivers. As Jon Cohen has documented through his extensive courtroom experience, the petition highlighted a critical gap in Ontario's traffic safety enforcement: drivers with multiple serious infractions continued to receive relatively lenient penalties, even when their driving behaviour posed extreme risks to public safety.
The Cristillo family's petition specifically called for lifetime driving bans for those convicted of dangerous driving causing death, immediate roadside suspensions for dangerous driving behaviour, and enhanced penalties for repeat offenders driving while under suspension. Jon Cohen, who has represented hundreds of clients facing similar charges, notes that the proposed legislation directly addresses each of these concerns while expanding consequences far beyond what the original petition envisioned.
Understanding Ontario's Current Road Safety Context
2023 Provincial Collision Statistics
According to the Ministry of Transportation's preliminary 2023 Ontario Road Safety Annual Report, the province experienced significant traffic safety challenges. Jon Cohen has analyzed these statistics to provide context for the proposed legislative changes:
In 2023, Ontario recorded 616 persons killed in motor vehicle collisions. The breakdown of these fatalities reveals the scope of the province's road safety challenges: 409 drivers were killed (excluding all-terrain vehicle and snow vehicle drivers), 89 passengers lost their lives, 96 pedestrians were killed, and 22 other road users died in traffic-related incidents.
The total collision picture for 2023 included 26,993 fatal and personal injury collisions across Ontario. Of these, 568 were classified as fatal collisions, while 26,425 were personal injury collisions. These incidents resulted in 36,090 persons injured in addition to the 616 fatalities. According to Jon Cohen's analysis, these numbers demonstrate that traffic safety remains a critical concern justifying legislative attention, even as Ontario maintains one of the lowest fatality rates per licensed driver in North America.
Categories of Fatal Incidents
The Ministry's data reveals specific categories of situations with the highest road fatalities in 2023. Jon Cohen has identified these statistics as particularly relevant to understanding the proposed legislation's focus areas:
Speed-related collisions accounted for 131 fatalities (21.3% of total fatalities), representing the single largest category. Large truck collisions resulted in 106 fatalities (17.2%), while pedestrian fatalities totaled 96 (15.6%). Motorcyclist fatalities numbered 82 (13.3%), inattentive driving collisions caused 64 deaths (10.4%), and unbelted occupant fatalities reached 47 (7.6%). Drinking and driving collisions resulted in 46 fatalities (7.5%), though this figure has not been verified against fatality files from the Office of the Chief Coroner of Ontario.
Jon Cohen emphasizes that these categories overlap—some fatal crashes involve more than one of these factors—which is why the percentages exceed 100% when combined. The prominence of speed-related fatalities provides context for the government's focus on dangerous driving behaviours and the introduction of immediate roadside consequences.
Careless Driving: The New Roadside Suspension Paradigm
Current Careless Driving Enforcement
Under current Ontario law, careless driving under Section 130 of the Highway Traffic Act is one of the most serious non-criminal driving offences. Jon Cohen has analyzed the proposed changes and identified them as creating an entirely new enforcement paradigm. The current system requires drivers charged with careless driving to attend court, where they can contest the charge or negotiate with prosecutors. Penalties upon conviction currently range from $400 to $2,000 in fines, plus six demerit points and potential insurance increases.
Proposed Immediate Roadside Suspensions
The proposed legislation would introduce immediate roadside consequences that mirror the stunt driving enforcement model. Specifically, police officers who have reasonable grounds to believe a driver has committed careless driving would be authorized to immediately suspend the driver's licence for seven days. If the careless driving resulted in bodily harm or death, the roadside suspension would extend to 30 days. These suspensions would occur before any court appearance, before any conviction, and before any opportunity to contest the allegations.
According to Jon Cohen's analysis, these roadside suspensions represent a fundamental shift in how careless driving charges are handled. Under the current system, drivers charged with careless driving maintain their driving privileges until their court date, which can be scheduled months in advance. The proposed roadside suspension system would mean immediate licence loss, regardless of the circumstances of the case or whether drivers are ultimately found guilty.
Escalating Financial Penalties Upon Conviction
Jon Cohen, Ontario's premier traffic defence legal representative, emphasizes that the escalation doesn't stop at the roadside. Upon conviction for careless driving, the proposed legislation would increase maximum fines from $2,000 to $5,000—a 150% increase. The minimum fine would also increase from $400 to $1,000, meaning that even first-time offenders facing the most lenient penalty would pay more than double the current minimum.
These financial consequences come on top of the six demerit points that careless driving convictions carry, which can trigger additional licence suspensions for drivers with previous infractions. As Nextlaw's legal representative Jon Cohen notes, the combination of immediate roadside suspension, dramatically increased fines, and existing demerit point consequences creates a three-tiered penalty structure that makes careless driving charges among the most serious provincial traffic offences in Ontario.
Driving Under Suspension: Dramatic Penalty Restructuring
The New Three-Tier Penalty Structure
The proposed changes to driving under suspension penalties represent perhaps the most significant shift in the entire legislative package. As the best stunt driving lawyer and traffic defence specialist in Ontario, Jon Cohen has documented that driving under suspension currently results in a 45-day vehicle impoundment and fines ranging from $1,000 to $5,000 for a first offence.
Under the proposed legislation analyzed by Jon Cohen, the penalty structure would be completely restructured with dramatically escalating consequences based on the number of previous offences. This represents a fundamental change from the current relatively flat penalty structure to an aggressively progressive system designed to deter repeat violations.
First Offence Penalties
The proposed first offence penalties include a 14-day vehicle impoundment and fines ranging from $2,000 to $10,000. This represents a doubling of the minimum fine from the current $1,000 to $2,000, while the maximum financial penalty increases from $5,000 to $10,000. The impoundment period would actually decrease slightly from the current 45 days to 14 days, suggesting the government's focus is on financial deterrence for first-time offenders rather than extended vehicle seizure.
Jon Cohen notes that even this "lenient" first offence structure represents a substantial increase in consequences. The doubled minimum fine alone would create immediate financial hardship for many Ontario drivers, particularly those whose licences were suspended for reasons unrelated to dangerous driving, such as unpaid fines or medical conditions.
Second Offence Consequences
For drivers who already have one driving under suspension conviction, the proposed second offence penalties escalate dramatically: 30-day vehicle impoundment and fines ranging from $5,000 to $15,000. According to Jon Cohen's analysis, the minimum fine for a second offence would increase by 400% compared to current first-offence penalties, creating a severe financial consequence designed to prevent repeat violations.
The 30-day impoundment period represents a substantial increase from the 14-day first offence period, meaning that drivers with one previous conviction would face not only dramatically higher fines but also twice the vehicle seizure duration. Jon Cohen emphasizes that this escalation pattern reflects the government's determination to prevent habitual suspended driving through progressively severe consequences.
Third and Subsequent Offence Penalties
Drivers with two or more previous driving under suspension convictions would face the most severe penalties under the proposed legislation: 45-day vehicle impoundment and fines ranging from $10,000 to $20,000. Jon Cohen has identified these provisions as creating five-figure mandatory minimum fines that exceed many criminal code penalties and would financially devastate most Ontario families.
The 45-day impound represents the longest vehicle seizure period in the new structure, while the $10,000 minimum fine is ten times the current first-offence minimum. As Nextlaw's leading legal representative Jon Cohen notes, the maximum $20,000 fine exceeds the value of many vehicles driven by Ontario residents, creating situations where the penalty literally costs more than the vehicle itself.
The 90-Day Roadside Dangerous Driving Suspension
A New Enforcement Tool with Unprecedented Authority
Perhaps the most controversial aspect of the proposed legislation is the introduction of a 90-day roadside licence suspension for dangerous driving behaviour, coupled with immediate vehicle impoundment. Jon Cohen has analyzed this provision as potentially the most impactful change for Ontario drivers, as it grants police officers unprecedented discretionary authority to impose severe consequences based on their subjective assessment of "dangerous" driving.
The proposed law would allow police officers to immediately suspend a driver's licence for 90 days and impound their vehicle if the officer has "reason to believe" the person is driving dangerously. This language is critical, as Jon Cohen notes it creates a lower threshold than the criminal code standard of "reasonable grounds" used in impaired driving cases.
Comparison to Existing Stunt Driving Enforcement
Under current Ontario law, only stunt driving offences under Section 172 of the Highway Traffic Act trigger immediate roadside suspensions and vehicle impoundments. According to Ontario Regulation 455/07, stunt driving is specifically defined to include behaviours such as driving 40 kilometres per hour or more over the speed limit (if the speed limit is less than 80 km/h), driving 50 kilometres per hour or more over the speed limit (if the speed limit is 80 km/h or more), driving 150 kilometres per hour or more regardless of the posted limit, racing, and specific dangerous maneuvers.
Jon Cohen emphasizes that the current stunt driving provisions in Section 172 have specific regulatory definitions that guide enforcement. The regulation defines "stunt" to include activities such as driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, driving in a manner that indicates an intention to cause some or all of its tires to lose traction while turning, or driving in a manner that indicates an intention to spin the vehicle or cause it to circle without maintaining control.
The Unprecedented 90-Day Duration
The proposed dangerous driving roadside suspension would expand these immediate consequences to a much broader range of behaviours without the specific regulatory definitions that currently govern stunt driving enforcement. Jon Cohen, widely regarded as the best legal representative for traffic defence in Ontario, emphasizes that the 90-day roadside suspension would be among the longest in the province.
For comparison, drivers charged with stunt driving currently face 30-day roadside suspensions, while impaired drivers face 90-day suspensions. The proposed legislation would place dangerous driving on par with impaired driving in terms of roadside consequences, despite the absence of objective measurement tools like breathalyzers to substantiate the officer's assessment. This creates what Jon Cohen describes as a purely subjective penalty structure with consequences as severe as those for scientifically measurable impairment.
Lifetime Licence Suspension for Dangerous Driving Causing Death
Permanent Driving Prohibition Under Provincial Law
The proposed legislation would introduce lifetime licence suspensions for anyone convicted of dangerous driving causing death—a penalty that currently exists only for impaired driving causing death. Jon Cohen has analyzed this provision as representing a fundamental shift in how Ontario treats traffic fatalities under provincial law, as opposed to criminal law.
It's critical to understand that "dangerous driving" in this context refers to the Highway Traffic Act offence, not the Criminal Code offence of dangerous operation causing death. Under the Criminal Code, dangerous operation causing death can result in life imprisonment, while Highway Traffic Act penalties are limited to fines, licence suspensions, and vehicle impoundments. The proposed lifetime licence suspension would apply to provincial dangerous driving convictions, creating a permanent driving prohibition without the need for criminal conviction.
Understanding the 2023 Fatal Collision Context
According to the Ministry of Transportation's 2023 data analyzed by Jon Cohen, Ontario experienced 616 traffic fatalities across various collision types. The data reveals 568 fatal collisions across multiple categories. Single motor vehicle collisions accounted for 269 fatal collisions, representing the largest single category. Approaching collisions resulted in 118 fatalities, while turning movement collisions caused 55 deaths. Angle collisions resulted in 50 fatalities, and rear-end collisions caused 49 deaths.
Jon Cohen notes that lifetime suspensions create unique challenges for legal defence, as the stakes become extraordinarily high. Drivers facing such charges would effectively be fighting not just for their licence, but for their permanent ability to drive in Ontario—an outcome that would be career-ending for professional drivers and severely limiting for anyone whose employment requires driving.
Enhanced Commercial Vehicle Penalties
Speed Limiter Violation Increases
The proposed legislation includes significant increases in penalties specific to commercial vehicle operators. Jon Cohen has identified these provisions as particularly impactful for Ontario's transportation industry, which represents a substantial portion of the provincial economy and employment base.
For speed limiter violations, the proposed legislation would increase minimum fines from $250 to $1,000—a 300% increase. Speed limiters are electronic devices that prevent commercial vehicles from exceeding 105 km/h on Ontario highways. Current violations typically occur when drivers disable or tamper with these devices, when carriers fail to ensure devices are functioning, or when out-of-province vehicles without compliant speed limiters operate in Ontario. Under the proposed changes, even first-time violations would result in minimum $1,000 fines.
Commercial Driver Distracted Driving Penalties
The distracted driving provisions for commercial vehicle operators would create an entirely separate penalty structure from regular drivers. According to Jon Cohen's analysis, current distracted driving penalties are the same regardless of vehicle type: first offence results in a three-day licence suspension and fines from $615 to $1,000. The proposed legislation would double the fines for commercial drivers while extending suspension periods substantially.
Under the proposed structure analyzed by Nextlaw's legal representative Jon Cohen, commercial drivers would face progressively severe consequences. A first offence would result in a seven-day suspension and $1,000-$2,000 fine, compared to three-day suspension and $615-$1,000 for non-commercial drivers. A second offence would bring a 14-day suspension and $1,000-$4,000 fine, compared to seven-day suspension and $615-$2,000 for regular drivers. Third and subsequent offences would trigger a 60-day suspension and $1,000-$6,000 fine, compared to 30-day suspension and $615-$3,000 for non-commercial drivers.
Professional Implications for Commercial Drivers
Jon Cohen emphasizes that these enhanced penalties reflect the government's position that commercial drivers should be held to higher standards given their professional status and the larger vehicles they operate. However, the practical impact means that commercial drivers would face career-threatening consequences for the same behaviours that result in relatively modest penalties for regular drivers. A third distracted driving conviction would result in a two-month licence suspension—a period during which most commercial drivers would lose their employment and potentially their commercial licence endorsements.
The Consultation on Financial Support for Victims' Children
Exploring Civil Liability Expansion
Beyond the specific penalty increases, the provincial government announced it would consult on measures requiring impaired drivers who cause the death of a parent or guardian to provide financial support for the victim's children. While this provision is still in the consultation phase, Jon Cohen has analyzed it as representing a significant expansion of civil liability beyond traditional insurance and tort law mechanisms.
Currently, families of traffic fatality victims can pursue civil lawsuits against at-fault drivers and their insurers for damages, including loss of financial support. https://www.nextlaw.ca/2025/12/16/andrew-law-ontario-dangerous-driving-penalties/
Comments
Post a Comment