Driving offenses are not uncommon offenses, these offenses are being committed on a daily basis. Navigating through the province’s intricate legal framework can be daunting, especially for those unfamiliar with the complexities of driving laws. Here we have discussed in detail all about the driving offense, essential information and how can you protect yourself with the help of the right driving lawyer in Quebec, focusing on various traffic infractions and their legal implications
A Legal Definition of Driving Infractions by A Driving Lawyer
A driving offense in Quebec refers to any violation of the national driving laws. Such offenses can range from minor offenses like speeding or failing to stop at a red light, to more serious crimes like driving under the influence (DUI) or reckless driving.
Driving offenses are not limited to speeding, they can occur when driving under the influence of alcohol and drugs. The consequences for such an offense vary on the severity of the offense committed by the individual, which can range from minor to major. Each jurisdiction has its own definitions and classifications for driving offenses. For such offenses, you need a specialized driving lawyer with a comprehensive understanding of criminal law and driving offenses, as well as the ability to navigate the complexities of such serious charges.
Types of Driving Infractions
|Types of driving offenses
|A person who causes any bodily harm to another person
|Section 249.3 of Criminal Code
|A person will be liable for imprisonment for a term not exceeding 5 years
|Breath Sample Refusal
|When a person refuses to provide a breath sample impaired driving charges
|Section 320.15 (1) of Criminal Code
|A person will be punishable with a fine starting at about $400 with a jail of up to six months depending upon the charge
|When a person operates a vehicle if impaired by alcohol, drugs, or a combination of both. The consumption of alcohol content equal to or greater than 80 milligrams in 100 millilitres of blood
|Section 320.13(1) of Criminal Code
|A person is liable to pay a minimum fine of $1000 and a maximum of 10 years of imprisonment.
|When a person operates a vehicle if impaired by alcohol, drugs, or a combination of both. The consumption of alcohol content equal to or greater than 80 milligrams in 100 milliliters of blood
|Section 320.14 (1) of Criminal Code
|A person is liable for imprisonment up to 5 years.
|Hit & Run
|When a person recklessly operating a conveyance and the conveyance has been involved in an accident with another person or conveyance, who fails to stop the conveyance and flee undetected
|Section 320.16(1) of Criminal Code
|A person is liable for imprisonment up to 5 years.
|Driving under suspension
|When a person is driving the vehicle even after the suspension of his/her license
|Section 259(4) of Criminal Code
|A person is liable for the imprisonment up to 5 years.
Classification & Implications in the Criminal Code
Driving infractions can be classified on the basis of the severity of the crime conducted. They can be categorized on their severity and the potential harm they pose. The classification of driving infractions significantly impacts the legal process and potential penalties. The classification of driving offense can be done as:
These convictions are considered less serious and contain penalties. Summary trial conviction offenses usually charge a fine and the minimum term of imprisonment, although this minimum, is totally depends on the offense being committed.
Such offenses are more serious and can cause more problems. The punishment of fine and imprisonment are more than that of summary conviction. There is no limit for punishment until stated in the Criminal Code. Here the court’s judgment depends upon the severity of the crime committed.
Such offenses can be prosecuted as summary convictions or indictable offenses. The choice of how to proceed with them depends upon the Crown prosecutor.
So, it’s important to choose a driving infraction lawyer carefully.
What to do if You’re Charged with a Driving Infraction
The person’s act decides their punishment so it is important to know the consequences before doing such offense. But if you get arrested for any such offense then you should always keep these necessary steps in their mind.
The first and foremost step is to remain calm at the time of arrest. Your behavior during the arrest can influence how authorities treat you. You should understand that cooperation does not mean confession. You should never resist the arrest and always remain silent. Never discuss your case with anyone until your lawyer suggests you do so. It is important to call your driving lawyer as soon as possible.
Second Step: Choose your driving lawyer
It is important to have a skilled and experienced driving attorney, who can handle your case smoothly. Furthermore, it is important that you should be completely honest and transparent with your driving infractions lawyer, and provide all the necessary documents and evidence to strengthen your case. So, choose a lawyer who is well-versed in the province of driving offenses like El Haddad Avocats, a specialized driving infractions lawyer.
Last Step: Know your rights
You should always be aware of your rights. You are eligible to get a fair trial and due process under law. At the time of arrest, you have the right to remain silent and you don’t have to testify against yourself. You can also bring your own evidence to court to support your defense.
What to Expect for Driving Infraction Charges
Upon the Issuance of the Guilty Verdict
Many people believe that driving offenses are not a big deal. As in most cases, you pay the mandatory fine and get on with your life but in some cases, small infrictions can cause big consequences. The sentence for such offense can range from a few months to several years of imprisonment. However, sometimes the judge may sentence an individual to probation instead of adding a fine or imprisonment.
Comparison Between First-Time and Subsequent Arrest
There are chance that during your first-time arrest, you get a lenient sentence, if you cooperate with the authorities and pay restitution. But if the offender is being convicted for the same offense there are high chance that the offender may face harsher penalties, as the legal system aims to deter persistent criminal behaviour. The court may impose higher fines, stricter sentences, and longer probation periods.
Implications of Legal Actions
The legal consequences for such offenses are not only limited to fine and imprisonment but also restrict you from various things. Here are some key points regarding this:
- Most of the driving offenses are penalized with fines and imprisonment.
- If you committed a more serious offense then there are chances that your license may be suspended.
- If you commit a driving offense due to gross negligence or harm to others, then it can result in a criminal record and can lead to a long-term impact on employment and travel opportunities.
- The court may mandate participation in educational or rehabilitation programs for the offense which are related to DUI.
- In certain situations, such as driving without a valid license or insurance, the vehicle being driven may be seized and impounded.
- If the driving offense involves property damage or injury to others, the court may order the offender to pay restitution or compensation to the victims.
- Having a driving offense on record, especially a serious one, will generally lead to higher car insurance rates.
Personal and Societal Impact
Such offenses can have a very negative impact on the life offender as the offender can face loss of employment opportunities due to committing such a crime. They may find it difficult to secure new employment in the future, especially in positions of trust. Such crimes can damage one’s reputation as these offenses are mostly attracted by the media. Moreover, it can have a bad impact on personal relationships.
The life of an offender is not limited to fines and imprisonment. According to your act and behavior, you will get the opportunity of probation and parole. Instead of serving time in prison, you will be kept under supervision. Also, the court requires individuals to complete community service hours as part of their sentence, which is meant to provide a rehabilitative experience and a form of restitution to the community.
- A driver, after consuming alcohol, chooses to drive home and is stopped by the police for erratic driving, resulting in a charge of driving under the influence (DUI). Now the person needs a driving lawyer to look into his case.
- A person repeatedly ignores speed limits, leading to multiple speeding tickets, which eventually results in the suspension of their driver’s license due to accumulating too many points. This act led him to get a traffic infraction lawyer to provide a defense for his case.
Understanding the nature and classification of driving infractions in Québec is crucial. Whether you’re dealing with a minor traffic ticket or a more serious offense, having a skilled driving lawyer can make a significant difference in navigating the legal system. If you find yourself in such a situation, do not hesitate to contact El Haddad Avocats, experts in criminal and penal law, to ensure your rights are protected and you receive the best possible outcome. Contact El Haddad Avocats for expert defense and to safeguard your rights.
Relevant Legal Resources
- The Criminal Code provides the foundation for the prosecution of these crimes.
- Charter of Rights & Freedoms, provided under this act that everyone has a right to freedom whether in terms of equality, life, judicial rights, political rights, and much more.