Driving charges in Ontario operate under two separate legal frameworks. Highway Traffic Act offences are Provincial charges that do not produce a Criminal Record but carry immediate and lasting consequences for your License, Demerit Points, and Insurance. Criminal Code offences are Criminal charges that carry a permanent Criminal Record alongside Court-imposed Driving Prohibitions, Fines, and potential Imprisonment.
The two systems run simultaneously and independently. An immediate roadside license suspension under the Highway Traffic Act takes effect regardless of whether you are ultimately found guilty in court. Retaining Defence Counsel before your first Court appearance protects both your License and your record.
Foote Law defends clients facing both Highway Traffic Act and Criminal Code driving charges:
Foote Law serves clients in Orangeville, Brampton, Shelburne, Alliston, Barrie, Owen Sound, Newmarket, Guelph, and throughout the Greater Toronto Area, in person and virtually.
Defined under the Highway Traffic Act as driving conduct representing a marked departure from normal lawful operation. Triggered by exceeding the speed limit by 40 km/h or more in zones under 80 km/h, or by 50 km/h or more elsewhere, and by other dangerous manoeuvres, including street racing.
On charge, Police impose an immediate 30-day roadside License suspension and 14-day vehicle impoundment without any Court proceeding. On conviction: fines of $2,000 to $10,000, a mandatory minimum one-year License suspension, which the Court may extend up to three years, 6 Demerit points, and up to 6 months imprisonment. A second conviction carries a mandatory minimum three-year suspension, and a third or subsequent conviction carries an indefinite suspension. Stunt Driving does not produce a Criminal Record but appears on the Driving Abstract for 3 years.
Driving without due care and attention or without reasonable consideration for other persons using the highway. No Criminal Record on conviction, but carries 6 Demerit points, Fines, and possible License Suspension. Where bodily harm or death results, Careless Driving charges may be accompanied by Criminal Code charges.
Drive under suspension, drive without insurance, failing to remain at the scene, and excessive speeding all carry significant fines, further suspensions, and demerit consequences under the Highway Traffic Act.
Operating a motor vehicle while impaired by alcohol or drugs, or with a blood alcohol concentration at or over 80 mg per 100 ml. An immediate 90-day roadside License suspension applies on charge.
Conviction on a first offence carries a mandatory minimum $1,000 fine, a 1-year driving prohibition, mandatory enrollment in the CAMH Back on Track program, and a permanent Criminal Record.
Mandatory minimum imprisonment applies on second and subsequent convictions. Whenever there is bodily harm, the maximum sentence is 14 years on indictment. Where death results, the maximum is life imprisonment.
Operating a motor vehicle in a manner dangerous to the public. The Crown must prove the driving constituted a marked departure from what a reasonable person would do in the circumstances.
The same incident may attract both a stunt driving Highway Traffic Act charge and a Criminal Code Dangerous Operation charge. Maximum: 10 years on indictment; 14 years where bodily harm results; life imprisonment where death results.
Operating a motor vehicle while fleeing from a Peace Officer. Maximum: 10 years on indictment.
Bill 197, the Safer Roads and Communities Act, 2024, brought significant amendments to the Highway Traffic Act into force on January 1, 2026. Every person charged with an Impaired or Stunt Driving offence in 2026 is subject to these rules.
Look-back Period
Prior occurrences are now tracked over 10 years, doubled from the previous 5-year window. A suspension or occurrence from 2016 onward may count as a prior offence.
Lifetime License Suspension
A conviction for Impaired Driving causing death under the Criminal Code now triggers an automatic indefinite provincial License suspension, imposed administratively and separately from the Court sentence.
A person charged with Impaired Driving or Stunt Driving faces two simultaneous sets of consequences:
A driving charge can affect your License before your case is ever heard in Court, and the steps you take in the first few days often shape the outcome. If you are facing a Highway Traffic Act or Criminal Code driving charge, call Foote Law in Orangeville at 519-940-8309.
