Miller Paralegal Services offers free consultation for a fair and honest assessment of your particular situation plus the professional advice you need on how to possibly resolve the matter.

You may also wish to seek advice from an insurance agent or broker before you pay any ticket because it could result in higher insurance premiums or you being placed in a “high risk” facility insurance category.

Demerit Points:

Drivers in Ontario start off with no demerit points but points are added upon conviction, depending on the charge. Most moving traffic violations (see chart) do carry demerit points. Administrative and equipment charges, generally speaking, do not.

When a conviction is registered against a driver, the court automatically notifies the Ministry of Transportation (the “Ministry”) who then record the conviction(s) and applicable demerit points on your driving record. The court has no jurisdiction over the points and cannot convict for an offence but not impose the points.

Points remain on your driving record for two years, from the date of the offence – not the conviction date. Although the points may be removed, the conviction is still part of your driving record and may be brought back against you in further Court proceedings.

For further information about demerit points from the Ministry of Transportation website, click here.

CVOR Points

Commercial truck drivers and their company may also face implications on the CVOR. For further information for commercial drivers from the Ministry of Transportation website, click here.

Insurance Implications

Insurance companies may increase your premium for any violation of the Highway Traffic Act, the Criminal Code of Canada, the Compulsory Automobile Insurance Act, or any other Federal, Provincial, or Municipal driving law. Convictions remain on your insurance record for a minimum of 3 years from the date of the conviction, and accidents for a minimum of 5 years from the date of the collision.

Most insurance companies look at the number of convictions and do not necessarily concern themselves with the accumulated demerit points – unless you are a professional driver. A professional driver with “too many” demerit points (a much lower standard than the Ministry’s) may be deemed to be uninsurable and therefore your job could be at risk.

Instead, insurance companies generally place offences into one of three categories and have policies in place as to how many in each category are “acceptable”. Your insurer may have its own policies in place and therefore you should check your own individual policy for the implications. In general even one “major” or “serious” conviction will either increase your premium or put you into “high risk facility” insurance rates, which are usually 3 to 5 times those of other drivers for the same age and years of driving experience. Generally, the categories are as follows:

  • Minor: including
    • simple moving traffic violations such as failing to wear a seat belt, lower level speeding charges; or
    • documentation (administrative) type charges such as failing to produce your driver’s licence, proof of insurance or vehicle ownership when asked by an officer; or
    • vehicle equipment offences such as burned out headlight
  • Major: including
    • more serious charges such as failing to report any accident, higher level speeding charges, and driving without insurance.
  • Serious: including
    • very serious charges such as careless driving, impaired driving, very high speeding charges, racing or stunt driving, and driving while under suspension.