Caution: Collateral Consequence of Careless Convictions

by | Apr 23, 2021 | Criminal Defence, Criminal Justice

No reasonable person wants to be convicted of a criminal offence.  In an effort to eliminate the backlog caused by the unnecessary shut down of the Court system in response to the COVID19 pandemic, Crown Attorney’s offices around the province are becoming more respective of alternative forms of resolution.  Despite the hundreds of thousands of dollars the government spent on protective equipment, plexiglass, duct tape, directional floor arrows, screening officers, masks and the rest, the Courts have once again been shut down and trials are once again delayed.  This will lead to more offers to resolve.  A fair resolution to a Highway Traffic Act matter in exchange for a withdrawal of a criminal driving charge may seem like a good idea but the devil is in the details and depending on what class of license you hold, the consequences could be severe. 

Drivers holding G2 licenses need to be aware that any Highway Traffic Act conviction that carries a loss of four or more demerit points will lead to an automatic 30 day license suspension.  While a Highway Traffic Act conviction certainly sounds better than a Criminal Code conviction, there is a need to properly evaluate the case. Is the resolution offer coming from a perceived weakness in the case? One may choose not to look a gift horse in the mouth but there are times when there is a value in doing just that.  Take a careless driving resolution as an example. Often a great result but for a G2 driver the consequences are far from ideal.  Knowledge of the Highway Traffic Act and further alternatives to careless driving, alternatives carrying less demerit points would be a far more welcomed result.  

While we all need to exercise due care and attention on the roadway at all times, sentences and the collateral consequences of the sentence need to be proportional.  Often the loss of a license even for a short period of time can have drastic consequences on employment and family life.  If you or someone you know has been charged with a driving related offence the team at Cake Criminal Defence is here to ensure that you receive a just and fair result, keeping you informed of all the potential consequences that may come your way. Call us today!