Motor Vehicle Offences

Motor vehicle offences in Canada encompass a broad range of legal violations involving the operation of a vehicle. These offences can result in fines, demerit points, licence suspensions, or even criminal charges, depending on the severity of the violation. Some motor vehicle offences are prosecuted under the Criminal Code of Canada, while others fall under provincial and territorial traffic laws.

Understanding the different types of motor vehicle offences, their penalties, and potential defence strategies is crucial for anyone facing charges. This article provides a comprehensive guide to motor vehicle offences in Canada, covering everything from impaired driving and dangerous driving to traffic violations and driving without insurance.

Types of Motor Vehicle Offences in Canada

Motor vehicle offences range from minor infractions to serious criminal charges. Some of the most common offences include impaired driving, dangerous driving, hit and run, stunt driving, driving without insurance, and driving while suspended.

Impaired Driving (DUI) – Criminal Code Offence

Driving under the influence of alcohol or drugs is one of the most serious motor vehicle offences in Canada. It is governed by Section 320.14 of the Criminal Code, which states that it is illegal to operate a vehicle while impaired by alcohol or drugs, including cannabis and prescription medication.

Penalties for Impaired Driving

First-time offenders face a minimum fine of $1,000 and a one-year driving suspension. A second offence results in a minimum 30-day jail sentence and a two-year driving suspension. A third offence leads to a minimum 120-day jail sentence and a three-year driving suspension. Additional penalties may include mandatory ignition interlock devices, vehicle impoundment, and increased insurance premiums.

Defence Strategies for Impaired Driving

Defence strategies may include challenging the accuracy of breathalyzer or roadside sobriety tests, proving improper police procedures or Charter violations, and arguing that the accused was not in control of the vehicle at the time of arrest.

Dangerous Driving – Criminal Code Offence

Dangerous driving is covered under Section 320.13 of the Criminal Code and applies when a driver operates a motor vehicle in a reckless or dangerous manner that poses a risk to the public. This can include excessive speeding, racing, or aggressive driving that results in harm or property damage.

Penalties for Dangerous Driving

Dangerous driving causing bodily harm carries a penalty of up to 10 years in prison. If dangerous driving results in death, the penalty can be life imprisonment.

Defence Strategies for Dangerous Driving

Defence strategies may involve arguing that the driving was not reckless but rather due to an emergency situation, challenging witness testimony or police evidence, and proving mechanical failure or road conditions contributed to the incident.

Hit and Run (Failure to Remain at the Scene of an Accident) – Criminal Code Offence

Under Section 320.16 of the Criminal Code, it is illegal to leave the scene of an accident, whether or not you were at fault. If the accident results in injury or death, the penalties are significantly more severe.

Penalties for Hit and Run

Failure to remain at the scene of an accident with no injuries can result in up to five years in prison. If bodily harm occurs, the penalty increases to up to 10 years in prison. If the accident results in death, the penalty can be life imprisonment.

Defence Strategies for Hit and Run

Possible defences include proving that the driver was unaware of the collision, demonstrating mistaken identity, or establishing that the accused had no opportunity to stop safely.

Stunt Driving and Racing – Provincial Offence

Stunt driving, also known as street racing or excessive speeding, is regulated by provincial highway traffic acts, such as Ontario’s Highway Traffic Act Section 172.

What Qualifies as Stunt Driving?

Stunt driving includes driving 50 km/h or more over the speed limit, engaging in street racing or performing stunts such as burnouts or drifting, and driving in a manner that blocks or interferes with traffic.

Penalties for Stunt Driving

The penalties for stunt driving include an immediate 30-day licence suspension, a 14-day vehicle impoundment, and fines ranging from $2,000 to $10,000. More severe cases can result in a six-month jail sentence and up to two years of licence suspension.

Defence Strategies for Stunt Driving

Defence strategies may include challenging radar accuracy or police evidence, arguing that the officer misinterpreted the driving behaviour, and proving the driver was responding to an emergency.

Driving Without Insurance – Provincial Offence

Every province in Canada requires drivers to have valid auto insurance. Driving without insurance is a strict liability offence, meaning intent does not matter—if you are caught without insurance, you will be penalized.

Penalties for Driving Without Insurance

A first offence results in a minimum $5,000 fine, while a second offence carries a minimum $10,000 fine and potential vehicle impoundment. Additional consequences may include increased insurance premiums and licence suspension.

Defence Strategies for Driving Without Insurance

Defence strategies include proving that the accused was not the owner of the vehicle or arguing that the driver had valid insurance but could not provide proof at the time.

Driving While Suspended – Provincial Offence

Driving with a suspended licence is a serious offence under provincial laws and can lead to criminal charges if repeated.

Penalties for Driving While Suspended

First-time offenders may face fines between $1,000 and $5,000, along with an extension of their licence suspension. Vehicle impoundment and possible jail time may also apply for repeat offenders.

Defence Strategies for Driving While Suspended

Defence strategies may include proving that the driver was unaware of the suspension or demonstrating an error in the Ministry of Transportation records.

Legal Defences for Motor Vehicle Offences

Every motor vehicle offence has potential defence strategies. Some of the most common legal defences include challenging evidence, procedural errors, Charter rights violations, mistaken identity, and necessity defence.

Challenging evidence involves questioning the accuracy of speed detection devices, breathalyzer results, or police reports. Procedural errors may lead to charges being dropped if the police failed to follow proper legal procedures. Charter rights violations may result in charges being dismissed if law enforcement violated the accused’s rights, such as conducting an unlawful search or failing to provide legal counsel. Mistaken identity may be used if the accused was wrongly identified as the driver, while necessity defence may be applicable if the driver acted out of necessity, such as a medical emergency.

Why You Need a Criminal Defence Lawyer for Motor Vehicle Offences

Motor vehicle offences can have serious consequences, including criminal records, increased insurance rates, and long-term driving prohibitions. A criminal defence lawyer can analyze the evidence and identify weaknesses in the case, negotiate plea deals or reduced penalties, and represent you in court to fight for your rights.

Why Choose De Boyrie Law for Your Defence?

At De Boyrie Law, we specialize in motor vehicle criminal offence defence and have successfully defended clients against charges such as impaired driving and dangerous driving. We provide experienced legal representation tailored to your case, aggressive defence strategies to challenge the prosecution’s case, and personalized legal support to minimize penalties and protect your driving record.

Schedule a Free Consultation with De Boyrie Law

If you are facing motor vehicle offence charges, contact De Boyrie Law today for a free, confidential consultation. We will review your case, explain your legal options, and develop a strategy to defend your rights and driving privileges.