Traffic Lawyers - Mississauga

We are respected traffic lawyers located in Mississauga. We have over 30 years of successful experience dealing with criminal cases in Mississauga, the GTA, and across Ontario. Suppose you’re dealing with speeding tickets, stunt driving, careless driving or even worse, impaired driving (impaired operation), over 80 (80 plus), dangerous driving (dangerous operation) or refusal to provide a breath or blood sample and you are worried about licence, insurance consequences in addition to fines, possible jail and a criminal record. Give us a call we can help you fight your case. Our team of an experienced team of traffic lawyers in Mississauga will use their knowledge of the laws and take the stress out of fighting criminal charges and/or traffic tickets. With respect to traffic tickets we will handle the process from filing the ticket in the court to battle it for you. Call our offices today at 1-888-935-8556 and allow our professional team of traffic lawyers to save you time, money and the hassle involved with respect of fighting your traffic ticket. On all criminal charges, we attend court for you, you will not have to until absolutely necessary. We request, obtain and review disclosure with a view to deciding on the tactics to be taken in your defence.

Understanding Demerit Points

Regardless of how good a driver you are, at some point, you might have been caught for speeding or even cutting through a red light. Demerit points are added to those who commit traffic offences, such as the example above. The demerit’ point system is where points are added to your license based on different traffic violations. The more serious the violation the more demerit points. Each driver begins with 0 points and accumulates points after being convicted of a traffic law violation. Demerit points stay on your record for two years from the date of the offence. If you collect a certain number of points, you could potentially lose your license. Additionally, your insurance could skyrocket upon receiving these demerit points, and your record will be held with the insurance company for the next five years. We understand the stress that revolves around having demerit points on your driving record. We can help you fight your traffic charge if you feel a police officer unjustly charged you. Often times we can negotiate a resolution that reduces or changes the original traffic charge to a lesser charge with zero or lesser demerit points.

Why hire traffic lawyers in Mississauga?

Decrease your fines and avoid potential licence suspension – A traffic lawyer is knowledgeable in the ways of the courts and law; he may be able to reduce your penalties significantly.
Understanding your rights – A lawyer will be able to educate you about your rights and prevent you from saying or doing anything that could prove to be detrimental to your case.
Challenge – An attorney will obtain and review disclosure to determine the strength of the case against you.
Understand Procedures of the Law – They are aware of the documents that need to be filed, have knowledge of the law and understand the workings of the Judicial Process.
Access to a team of professionals – Working with lawyers can allow you access to resources that can help to defend your case.
Save time and money – Hiring a traffic lawyer is beneficial as they know when to push for a court date and when it’s right to negotiate. Although some may consider hiring a lawyer expensive, but it can save you money in the long run.
Better chance for success – Your lawyer has the experience, knowledge combined with the confidence to fight your ticket for you. Traffic Ticket Lawyers make their careers by helping people who need to improve their outcome. They want to help you and will do their utmost to give you the best result.

Types of more Severe Driving Violations

Drive Disqualified/Drive Prohibited s. 259(4) Criminal Code

259(4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.

Drive under suspension charge is different than drive disqualified. Drive under suspension is found in the Highway Traffic Act and carries a minimum fine of 1000.00 and a 6 month licence suspension for a first time offender.

Drive disqualified (drive prohibited) is a criminal code offence and carries serious consequences. First time offenders can get a short sharp jail sentence along with a further driving prohibition of 1 year. If convicted of drive prohibited (drive disqualified), a first time offender will also have his/her licence suspended under the provisions of the Highway Traffic Act for 1 year. The law with respect to the charge of drive disqualified requires that the disqualification must stem from a previous criminal conviction. For example if an individual is convicted of impaired driving, does not drive during the period of mandatory prohibition and suspension, but fails to take the back on track course to get his/her drivers licence reinstated and is caught driving, that person is driving disqualified pursuant to the provisions of the Criminal Code.

Dangerous Driving s. 320.13(1) Criminal Code of Canada

Section 320.13 (1) of the Criminal Code of Canada reads that one commits the offence of dangerous driving by operating a conveyance (such as a motor vehicle, a vessel, an aircraft or railway equipment) in a manner that, having regard to all of the circumstances, is dangerous to the public.

Dangerous driving is a criminal driving offence. It requires driving that is a marked departure from the norm. It is more than careless driving which is found at s. 130 of the Highway Traffic Act. The test for careless driving is operation a motor vehicle without due care and attention to others on the roadway. There is a different legal test for driving under the Highway Traffic Act. Depending on the seriousness of the case a dangerous driving charge can result in an absolute or conditional discharge, a fine or jail. If you are found guilty of this charge there is a minimum 1-year license suspension under the Highway Traffic Act. It is open to the court if it wishes to impose a criminal code prohibition on driving for a period of time – usually 1 year as well on the first offence.

Dangerous Driving Cause Bodily Harm and Dangerous Driving Cause Death s. 320.13 (2) & (3)

Operation causing bodily harm

(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

Operation causing death

(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.

These charges are obviously more serious than a simple Dangerous Driving (Dangerous Operation) case and care far more significant consequences.

Impaired Operation (Impaired driving/DWI) s. 320.14 (1) (a) Criminal Code:

320.14 (1) Everyone commits an offence who

(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug

These cases require that the Crown prove beyond reasonable doubt that an individual consumption of alcohol or drugs is to the level that it has impaired their ability to operate a motor vehicle. It is not against the law to drink and drive, or consume drugs and drive, you just can’t consume it to the level where your ability to operate a motor vehicle is impaired.

There are a number of possible defences to these charges. How the investigation was conducted by the Police can be challenged. Every person has guaranteed rights protect by the Charter of Rights and Freedoms and often the police will fail to comply with the Charter rules.

In some cases negotiations can result in the withdrawal of the charge entirely or in other cases in exchange for a plea to a charge of careless driving under the Highway Traffic Act thereby guaranteeing no criminal record and the mandatory licence suspension consequences.

80 plus (formerly over 80/DUI) s. 320.14 (1) (b)

320.14 (1) Everyone commits an offence who

(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

80 plus (over 80/DUI) charges carry the same penalty as the Impaired Operation charge. These cases however require the Crown to establish the level of alcohol in your blood and that the police obtained information in a lawful manner without infringing on your civil liberties. Often times these cases can result in a negotiation to a lesser charge.

Why choose Daley, Byers?

Daley, Byers offers over 30 years of successful experience in defending criminal charges and traffic law tickets.
We provide personalized service for your case. Your satisfaction is important to us.
Daley, Byers delivers over 98% of the cases at hand’s projected outcome
Daley, Byers has multiple locations across Ontario and serves the GTA.
Daley, Byers mission is to provide you with the best criminal defence.