Licensed Paralegal: What You Must Know About Traffic Offences
An AJ Law LLP Filipino Lawyer or Licensed Paralegal explains what are the most common Traffic Offences and the repercussions one has to face when one is charged with these offences.
Driving is enjoyable. It is convenient, especially when you are working an hour away from your home, or when you are grocery shopping – you will not have to walk all the way to the bus stop and wait at least five minutes for the bus just to be forcibly squeezed in by the people in it. You can just go to the parking lot, put your groceries, take out your keys, start the car, and five minutes later, you are home. However, no matter how fun driving is, it is always important to be responsible and to know the safety precautions in order to prevent hurting others and to avoid getting charged with a traffic offence.
A traffic Offence is a multifaceted area of law and to be charged with an offence in this field of law can be very serious. Penalties can be an assortment of:
- Receiving a fine,
- Incurring demerit points,
- A probation order or even
- Incarceration (going to jail).
Here are the different types of Traffic Offences:
Most offences apply to drivers and motorcyclists. These include:
- If you are involved in a car accident
- Going over the speed limit
- Careless and dangerous driving
- Driving if you have been drinking or using drugs
- Driving without a license or while its suspended
- Other minor traffic offences.
Licensed Paralegal: What You Must Know About Traffic Offences
An AJ Law LLP Filipino Lawyer or Licensed Paralegal explains what are the most common Traffic Offences and the repercussions one has to face when one is charged with these offences.
Driving is enjoyable. It is convenient, especially when you are working an hour away from your home, or when you are grocery shopping – you will not have to walk all the way to the bus stop and wait at least five minutes for the bus just to be forcibly squeezed in by the people in it. You can just go to the parking lot, put your groceries, take out your keys, start the car, and five minutes later, you are home. However, no matter how fun driving is, it is always important to be responsible and to know the safety precautions in order to prevent hurting others and to avoid getting charged with a traffic offence.
A traffic Offence is a multifaceted area of law and to be charged with an offence in this field of law can be very serious. Penalties can be an assortment of:
- Receiving a fine,
- Incurring demerit points,
- A probation order or even
- Incarceration (going to jail).
Here are the different types of Traffic Offences:
Most offences apply to drivers and motorcyclists. These include:
- If you are involved in a car accident
- Going over the speed limit
- Careless and dangerous driving
- Driving if you have been drinking or using drugs
- Driving without a license or while its suspended
- Other minor traffic offences.
The first one under the category of an accident is failing to stop after an accident, whether it is your fault or not, you should never run away. Furthermore, if you walk away from a car collision and officers find you, there is a possibility that you may lose your license and at the same time pay a penalty fee.
- Failing to report an accident will not only revoke your license but it would also lead to you not being able to get that insurance coverage for your damaged auto.
- Alcohol intake, and as the law expanded, covered under this group are also drug-related driving offences.
- Refusing roadside breath test. Once police officers see you swerving across the road, they will immediately call your attention. They will ask you to stop, step out of the car, walk, and take the breath test. This offence will give you penalty points, force you to pay a fee, and a possibly a driver’s license disqualification.
- Driving with excess alcohol or under the influence of drugs. Both, of course, entail you to get penalty points. Furthermore, you have to pay a certain penalty fee. And lastly, you are compelled to give in and surrender your driver’s license.
The first one under the category of an accident is failing to stop after an accident, whether it is your fault or not, you should never run away. Furthermore, if you walk away from a car collision and officers find you, there is a possibility that you may lose your license and at the same time pay a penalty fee.
- Failing to report an accident will not only revoke your license but it would also lead to you not being able to get that insurance coverage for your damaged auto.
- Alcohol intake, and as the law expanded, covered under this group are also drug-related driving offences.
- Refusing roadside breath test. Once police officers see you swerving across the road, they will immediately call your attention. They will ask you to stop, step out of the car, walk, and take the breath test. This offence will give you penalty points, force you to pay a fee, and a possibly a driver’s license disqualification.
- Driving with excess alcohol or under the influence of drugs. Both, of course, entail you to get penalty points. Furthermore, you have to pay a certain penalty fee. And lastly, you are compelled to give in and surrender your driver’s license.
Notice of Infringement:
Other traffic offences that were committed would entail a fine, sometimes they give it to you right away, or by the mail. The note contains what law you broke, the amount that you will have to pay, the location where you will pay the fine, and the due date. If you failed to pay it on time, the State Penalties Enforcement Registries or as we know as SPER may suspend your driver’s license or an enforcement fee, direct your bank to transfer funds from your account to them, direct your employer to deduct a certain amount from your monthly salary, register an interest over your property, restrain your vehicle, seize, and sell your property, and or issue a warrant for your arrest and imprisonment.
If you cannot be able to afford to pay the fine by the due date, you can make a payment plan with SPER. You should get legal advice about the charges against you.
Disagreeing with a Notice of Infringement:
If you disagree with an infringement notice, you can go to court to dispute it by filling out and submitting the following:
- The Election for Court section on the back of your infringement notice, or
- The Form F5111 – Court Election Infringements – Individual.
Transferring a fine:
If you receive an infringement notice for a traffic offence that is detected by cameras as the registered owner of the vehicle, however, you were not driving the vehicle at the time of the offence, you must complete an Affidavit or a Statutory Declaration to explain the same. You better get legal advice when you draft this document.
Disputing a speeding fine
You can challenge the correctness of the speeding offence speedometer or how it was used. But take note that this is an intricate area and there are strict rules to be followed when disputing a fine. You should seek legal advice to help you understand and to assist you through the process of disputing a fine
Demerit Points
The consequences for gaining demerit points depend on how many you have added to your driving record, if you have 15 plus points your license will be suspended for 30 days. After your suspension is over, you may need to take your vision, written and road tests again. If you pass your tests, these things will happen:
- You will have your driver’s licence reinstated.
- The number of points on your record will be reduced.
- If you have a full licence, your points will be reduced to seven.
- If you have a novice licence, your points will be reduced to four
- These points will stay on your licence for two years. Any new points added to your record could bring you back for an interview.
- If you reach too many points again, your licence will be suspended for another 6 months.
AJ Law LLP is always here to help you. Depending on the situation you are in, we can help you with the charges you have to face. We offer competent Paralegal Services. Please visit our website https://www.ajlawpartners.ca/ to browse our varied services. You can contact us for a free consultation at +1 (416) 409-5991 or reach out to us via email at info@ajlawpartnets.ca .
Notice of Infringement:
Other traffic offences that were committed would entail a fine, sometimes they give it to you right away, or by the mail. The note contains what law you broke, the amount that you will have to pay, the location where you will pay the fine, and the due date. If you failed to pay it on time, the State Penalties Enforcement Registries or as we know as SPER may suspend your driver’s license or an enforcement fee, direct your bank to transfer funds from your account to them, direct your employer to deduct a certain amount from your monthly salary, register an interest over your property, restrain your vehicle, seize, and sell your property, and or issue a warrant for your arrest and imprisonment.
If you cannot be able to afford to pay the fine by the due date, you can make a payment plan with SPER. You should get legal advice about the charges against you.
Disagreeing with a Notice of Infringement:
If you disagree with an infringement notice, you can go to court to dispute it by filling out and submitting the following:
- The Election for Court section on the back of your infringement notice, or
- The Form F5111 – Court Election Infringements – Individual.
Transferring a fine:
If you receive an infringement notice for a traffic offence that is detected by cameras as the registered owner of the vehicle, however, you were not driving the vehicle at the time of the offence, you must complete an Affidavit or a Statutory Declaration to explain the same. You better get legal advice when you draft this document.
Disputing a speeding fine
You can challenge the correctness of the speeding offence speedometer or how it was used. But take note that this is an intricate area and there are strict rules to be followed when disputing a fine. You should seek legal advice to help you understand and to assist you through the process of disputing a fine
Demerit Points
The consequences for gaining demerit points depend on how many you have added to your driving record, if you have 15 plus points your license will be suspended for 30 days. After your suspension is over, you may need to take your vision, written and road tests again. If you pass your tests, these things will happen:
- You will have your driver’s licence reinstated.
- The number of points on your record will be reduced.
- If you have a full licence, your points will be reduced to seven.
- If you have a novice licence, your points will be reduced to four
- These points will stay on your licence for two years. Any new points added to your record could bring you back for an interview.
- If you reach too many points again, your licence will be suspended for another 6 months.
AJ Law LLP is always here to help you. Depending on the situation you are in, we can help you with the charges you have to face. We offer competent Paralegal Services. Please visit our website https://www.ajlawpartners.ca/ to browse our varied services. You can contact us for a free consultation at +1 (416) 409-5991 or reach out to us via email at info@ajlawpartnets.ca .