Archive for November, 2008

Careless Driving – Take Care in Ontario

Monday, November 10th, 2008

My son David drove up to Toronto from Montreal to see his girlfriend, Melissa. On the third day of his visit, he and Melissa were driving over to her aunt’s place for Sunday brunch when they somehow got involved in a very heated argument. Since there was almost no other traffic at that time to distract the two officers who were quietly parked on a side street, they couldn’t help but notice that David’s hands were leaving the wheel on a regular basis as he gestured wildly to make a point to Melissa. Definitely not my son’s finest moment (i.e. what was he thinking?!?!?). The good officers also couldn’t help but notice that although David didn’t forget to signal before turning right, he turned right into a one way street… going the wrong way, colliding with an oncoming car, both of them going at relaxed Sunday speeds, thank goodness.

My son was pretty shaken up; he had never been involved in an accident before and he was lucky no one was hurt. There was also surprisingly little damage to the cars. But he was a lot more shocked when he was charged with careless driving and his car was confiscated on the spot. He soon found out just how serious a charge it can be and how important it is to contest it.

Careless driving in Ontario is one of the most serious charges under the Ontario Highway Traffic Act and the fallout can be nasty. In addition to the stunt driving ticket they hand you, police have the authority to immediately impound your vehicle for seven days regardless of whether it’s your car or somebody else’s. You will also receive a seven day A.D.L.S. (Automatic Drivers Licence Suspension) and be responsible for both the towing and impounding fees. To top is all off, insurance companies can penalize your rates for a minimum of 3 years.

On the advice of Melissa’s uncle, David went to TTAS. He was pleased to learn that the paralegal team member who took his case would be the same person to see it through till the end. He was even happier to find out that he would not have to take time off work and return to Ontario to appear in court. And in the end, TTAS got his charge reduced to a minor infraction.
For the benefit of anyone who is unclear on the concept of driver distraction, here is a brief list of tips to help you stay clear of the law (take careful note of number 5):

1. Put reading material in trunk if tempted to read.
2. Attend to personal grooming and plan route before leaving.
3. Identify and preset your vehicle’s climate control, radio and CD player.
4. Make it a habit to use your cell phone only when parked, have a passenger take the call or let the caller go to voice mail.
5. Do not engage in emotional or complex conversation.
6. When hungry or thirsty, take a break.

Upended by Drive suspended in Ontario

Sunday, November 9th, 2008

To say that twenty-year-old Paula Kelly is a procrastinator is something of an understatement. She’s the queen of “I’ll do it later,” especially when it comes to “those annoying fines.”

“Better pay them,” her father advised, “you’ll regret it, sooner or later.”

Later was always her motto for things she didn’t want to do.

“OK, OK!” she told her Dad. “It’s on my ‘to do’ list, right there at the top!”

Well, not exactly right at the top. Right at the top of the list was a much more appealing task: acquiring a brand new home entertainment centre. And then it happened; the regret part, that is.
Her driver’s license was suspended because of the unpaid fines. Paula was outraged because she drives everywhere. She is definitely not a public transportation type of girl and it was going to be a good week or so before she could get it together to pay her fines.

And one evening, while her license was still suspended, a craving for ice cream got the better of her.

“Hum… Walk or drive?” she debated to herself. What harm could possibly come by driving her car just a “tiny” half block down the road to the nearest Ben & Jerry’s? What could happen in half a block, right? Wrong. One of her tail lights was defective and she was pulled over and subsequently charged with Drive Suspended. She knew she was in trouble now.

Every person who is convicted of driving a motor vehicle with a suspended licence is liable, for a first offence, to a fine of not less than $1,000 (and not more than $5,000), and for each subsequent offence, to a fine of not less than $2,000 (and not more than $5,000), or to imprisonment for a term of not more than six months, or both.

In a panic, Paula asked her father for help. He took her down to TTAS because he had used their services before and he knew they were highly effective. The paralegal team member who took Paula’s case told her that she was smart to contest any and all traffic tickets because of the demerit points involved. Paula had always thought you lost points from your driving record, when it fact they accumulate, causing you big insurance problems and other headaches down the road.

Paula was amazed and ecstatic when her charge ended up being dismissed. “Thank goodness!” she declared in relief. A week without wheels? Pure torture…”

Her father rolled his eyes.