Ontario Highway Traffic Act: Common Charges & Defences
Not all traffic charges are simple speeding tickets. Ontario's Highway Traffic Act covers dozens of offences ranging from minor infractions to charges that can suspend your licence, void your insurance, and follow you for years. Here's what you need to know.
Common HTA Charges & Consequences
| Offence | Demerit Points | Fine Range | Licence Risk |
|---|---|---|---|
| Careless Driving (s.130) | 6 | $400–$2,000 | Suspension possible |
| Distracted Driving (handheld device) | 3 | $615–$3,000 | 30-day suspension (3rd offence) |
| Fail to Remain (s.200) | 7 | $400–$2,000 | Suspension possible |
| Driving Under Suspension (s.53) | 0 | $5,000–$25,000 | Further suspension mandatory |
| Following Too Closely (s.158) | 4 | $85–$500 | — |
| Fail to Stop for Police (s.216) | 6 | $1,000–$10,000 | Suspension mandatory |
| Improper Passing / School Bus (s.175) | 6 | $400–$4,000 | Suspension possible |
| Drive Wrong Way / Prohibited Lane | 3 | $85+ | — |
Careless Driving: The Charge to Fight
Section 130 of the HTA is one of the most serious non-criminal driving offences in Ontario. "Careless driving" means driving without due care and attention or without reasonable consideration for others. It is often laid after a collision — even a minor one — and carries:
- 6 demerit points (same as dangerous driving)
- Fines up to $2,000 and up to 6 months in jail
- Insurance premium increases of 25–100%
- Possible licence suspension at the court's discretion
Distracted Driving in Ontario
Using a hand-held device while driving is a major offence. First, second, and third convictions escalate quickly:
- 1st offence: $615–$1,000 fine, 3 demerits
- 2nd offence: $615–$2,000 fine, 3 demerits, 7-day licence suspension
- 3rd+ offence: $615–$3,000 fine, 3 demerits, 30-day licence suspension
Driving Under Suspension
If you drive while your licence is suspended for any reason, you face:
- Minimum $5,000 fine (up to $25,000)
- Mandatory additional licence suspension (up to the original suspension length)
- Vehicle impoundment for 45 days
- No insurance = personal liability for all collision damages
Your Options When Charged
- Do not simply pay the fine — payment is a guilty plea and triggers demerits and insurance consequences.
- Request a trial date on your ticket within 15 days (or 15 days from receipt for mail notices).
- Hire a paralegal or agent licensed by the LSO to represent you at the provincial offences court.
- A paralegal can often negotiate a reduction to a lesser offence, no demerits, or a complete withdrawal.
- If the officer fails to appear on the trial date, you may receive a dismissal.
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