What you need to know about escalating penalties for novice drivers.
All drivers can face penalties when convicted of traffic offences. Novice drivers are at a greater RISK when convicted. Upon conviction, they may receive escalating penalties that result in stiffer consequences every time they commit a similar offence.
Here’s an explanation of “escalating” penalties from Ontario’s website. Remember that driving is a privilege, not a right!
When escalating penalties apply:
According to the official Ontario website, escalating penalties can apply if you are:
- Convicted of breaking graduated licensing rules
- Convicted of a Highway Traffic Act offence that results in four or more demerit points (e.g., follow too closely, speeding, street racing, careless driving)
- Subject to a court-ordered suspension for a Highway Traffic Act offence that would have otherwise resulted in four or more demerit points
With each offence, the penalty stiffens.
- First offence: driver’s licence is suspended for 30 days
- Second offence: driver’s licence is suspended for 90 days
- Third offence: Lose your novice licence
You will need to re-apply for your licence and start over complete with re-taking all tests and paying all fees. You will also lose any time discount you earned, any time you were credited and any fees you have paid.
Graduated Licensing Rules
| G1 | G2 | G |
| New drivers | Fully licensed drivers | |
|
Two or more points Six points Nine or more points If you are a novice driver and are convicted of violating any novice condition |
Six points Nine points 15 points |
|
| While at Level One, the following rules apply: | At Level Two: | Full G license: |
|
Your blood-alcohol level must be zero. You must not drive alone; an accompanying driver must sit in the front passenger seat The accompanying driver must have a valid Class G (or higher) licence, at least four years of driving experience and a blood-alcohol level of less than .05% when accompanying you. The accompanying driver’s licence may have demerit points, but it cannot be suspended. Each person in the vehicle must have a working seatbelt. You must not drive on 400-series highways with a posted speed limit over 80 km/h. Also, you must not drive on certain high-speed roads including the Queen Elizabeth Way, Don Valley Parkway and the Gardiner Expressway in the Greater Toronto Area, the E.C. Row Expressway in Windsor and the Conestoga Parkway in Kitchener-Waterloo. However, if your accompanying driver is a driving instructor, you may drive on any road. You must not drive between midnight and 5 a.m. |
Your blood-alcohol level must be zero. Each person in the vehicle must have a working seatbelt. In addition, the following restrictions apply between the hours of midnight and 5 a.m. to G2 drivers aged 19 years and under. In the first six months after receiving your G2 licence, you are allowed to carry only one passenger aged 19 or under. After six months with your G2 licence and until you obtain your full G licence or turn 20, you are allowed to carry up to three passengers aged 19 or under. Exemptions: The passenger restrictions for G2 drivers aged 19 and under do not apply if you are accompanied by a fully–licensed driver in the front passenger seat, or if the passengers are members of your immediate family (a guardian or those related to you by blood, marriage, common–law relationship or adoption). Note: It is now law that all young drivers 21 and under, regardless of licence class, must have a blood-alcohol level of zero. |
You can only drive G class vehicles. BAC : Drivers cannot have a blood alcohol concentration of more than 80mg. Drivers with 50mg-80mg in their system are in the warn range. You could receive administrative penalties such as a roadside suspension or an immediate roadside prohibition. 21 years old or younger : Zero BAC if you have a G driver’s licence and are 21 years old or younger. |
Why you need representation to fight escalating penalties:
If you are a Novice Driver and you are charged with any of the offences set out above, you could face escalating penalties. You should contact a HELP office to discuss the benefits of disputing the charge. One small mistake in handling your case could lead to expensive and serious consequences. You could lose much more if you decide to try to save on costs by representing yourself.
Considering this could lead to civil action and liability, it’s wise to get representation for escalating penalties. One small mistake in handling your case could lead to expensive and serious consequences. You’d lose a lot more if you decide to save on costs by representing yourself.
Prosecutors often hold an early resolution meeting. However, the prosecutor’s job is to prosecute the charge that results in revenue for the local municipality. Prosecutors cannot give you legal advice and they’re not on your side.
They’re not required to tell you the strength of the evidence they have against you. Prosecutors don’t have to say if the charge against you is the right one as they may offer you different charge that’s more suitable to the circumstances. Nonetheless, it could still be damaging to you.
Why you should hire H.E.L.P.?
We have experienced Paralegals serving across the province of Ontario. Most are former police officers or prosecutors and college graduates. All of our agents have met the high standards of Law Society of Ontario, the governing body for lawyers and paralegals practicing in Ontario.
Our team has many years of experience, knowledge and integrity. We work to get you the best outcome possible and have a high success rate to show for it. We handle everything from filing the ticket and reviewing disclosure material to assessing witnesses from both sides and arguing relevant case law. Most of all, we’re on your side!
We may not always be able to have your charge dismissed. Still in those cases, we typically negotiate a beneficial resolution to reduce the consequences. These include insurance premiums, demerit points and escalating penalties.
So you can see if we’re a fit for your needs, the initial consultation is always free!
Here’s a quote from a client:
“I have no doubt in my mind that my driver’s license would have been suspended had it not been for your hard work and dedication in dealing with my case. I am exceptionally pleased with the service you provided and would be pleased to recommend you to anyone.” — Paul B.
What’s the cost to fight Novice Driver offences involving escalating penalties?
It’s minuscule compared to the cost of representing yourself. What’s more is that you get someone on your side. – To quote Abraham Lincoln – “he who represents himself has a fool for a client.” Get your free no obligation quote now!
We would be glad to help you fight your commercial vehicle ticket. Please contact our office nearest you.