ROAD TRAFFIC OFFENSES :
Traffic offences are violations committed by a driver against a rule of the Highway Safety Code or the Criminal Code.
Here are a few examples from the
canadian criminal code :
IMPAIRED DRIVING
o Impaired driving
- The Criminal Code prohibits driving while impaired to any degree by drugs, alcohol or a combination of both. Penalties for this offence range from a mandatory minimum fine to life imprisonment, depending on the seriousness of the offence.
o Prohibited concentration rate
- There are separate offences for having prohibited concentrations of alcohol, cannabis or other drugs in the blood within two hours of driving. Penalties range from fines to life imprisonment, depending on the seriousness of the offence.
· Alcohol: The prohibited blood alcohol level (BAC) is 80 milligrams or more (mg) of alcohol per 100 milliliters (ml) of blood.
· Cannabis (THC): There are two prohibited levels of THC, the main psychoactive component of cannabis: a less serious offence if an individual has between 2 nanograms (ng) and 5 ng of THC per ml of blood, and a more serious offence if an individual has 5 ng of THC or more per ml of blood.
· Combination of alcohol and cannabis: The prohibited concentrations of alcohol and cannabis, when combined, are 50 mg or more of alcohol per 100 ml of blood and 2.5 ng or more of THC per ml of blood.
· Other drugs: It is also forbidden to have any detectable amount of LSD, psilocybin, psilocin ("magic mushrooms"), ketamine, PCP, cocaine, methamphetamine or 6 mam (a metabolite of heroin) in your system within two hours of driving.
· The prohibited level of GHB is 5 mg or more per liter of blood, as the body can naturally produce low concentrations of this drug.
DRIVING OFFENCES
o Dangerous driving
- It is an offence to drive a means of transport in a way that is dangerous to the public, given the circumstances.
o Driving causing bodily harm
- It is an offence to operate a means of transport in a manner that is dangerous to the public, having regard to the circumstances, and thereby causes bodily harm to another person.- Consent cannot exist in this offence with the exception of two situations:
o Driving causing death
- It is an offence to drive a means of transport in a way that is dangerous to the public, having regard to the circumstances, and thereby causes the death of another person.
OBEDIENCE OR REFUSAL TO OBEY
- Every person commits an offence who, without reasonable excuse, knowing that the order has been given, fails or refuses to obey an order given under section 320.27 or 320.28.
- Every person commits an offence who, while driving a conveyance, knowing that it has been involved in an accident with a person or another conveyance, or being reckless, fails, without reasonable excuse, to stop the conveyance and give his name and address, and to offer assistance to a person who has been injured or appears to be in need of assistance.
FLIGHT
- It is an offence for anyone driving a motor vehicle or boat while being pursued by a peace officer to fail, without reasonable excuse, to stop his motor vehicle or boat as soon as circumstances permit.
The consequences of being charged with a traffic offence can be serious for an individual. You need to be well supported in this ordeal, and tenaciously defended.
We advise you to contact our team of experienced lawyers to ensure you are fully protected.