careless driving

Police Services Launch Project ERASE to Target Dangerous Drivers

Written on Behalf of Affleck & Barrison LLP

On May 10, 2019, Durham Regional Police, OPP and police services across Ontario launched their annual campaign “Project E.R.A.S.E.” to eliminate street racing from our roadways. 

The operation utilizes police in the air and on the ground to stop dangerous driving that endangers the safety of the participants, spectators and other innocent vehicles on the streets.

WHAT IS PROJECT ERASE?

ERASE stands for “Eliminate Racing Activity on Streets Everywhere”.  This campaign started in 1996 and includes 22 police services (some of which include York, Durham, Peel, Halton, South Simcoe, Barrie, Waterloo and Toronto), the Ministry of the Environment and the Ministry of Transportation.  These police forces work together and provide resources such as planes, helicopters, unmarked vehicles and specially trained officers aimed at cracking down on street racing, stunt and aggressive driving in Ontario.

High speeds on our roadways is extremely dangerous.  Driving in this manner makes it difficult to stop safely if there is an emergency, if a car pulls out in front of the driver, or if a child runs into the roadway. 

Excessive speed was directly related to 10,000 motor vehicle collisions on OPP-patrolled roads last year alone.  In 2018, OPP laid a total of 5770 street racing charges.   According to the OPP, there have been more than 750 stunt driving charges laid in the Greater Toronto Area this year.

York Regional Police Insp. Ed Villamere stated:

Our mission is to change aggressive driving behaviour through education, awareness and strict enforcement of both the Highway Traffic Act and the Criminal Code of Canada. … If you are hooked on street racing, rest assured you will be hooked up in handcuffs, your car will be hooked up and impounded, and your driver’s licence will be suspended.

WHAT IS STREET RACING AND STUNT DRIVING?

Street racing is illegal and is defined under the Ontario Highway Traffic Act (section 172(1)):

No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.

A regulation entitled “Races, Contests and Stunts” found in the Highway Traffic Act provides a list of behaviours that can encompass “stunt driving”.  Such behaviours that violate the law may include:

  • Exceeding the speed limit by 50 km/h or more;
  • Causing a vehicle to spin or circle;
  • Causing one or more wheels of a vehicle to leave the ground;
  • Driving without due care or attention;
  • Preventing another vehicle from passing;
  • Two or more vehicles driving side-by-side where at least one of the vehicles occupies a lane intended for oncoming traffic;
  • High speeds decreasing a driver’s ability to react to pedestrians and other motorists;
  • Loss of control of a vehicle because of speed or unsafe maneuvers;
  • Rollover hazards.

Unlike a typical speeding ticket, if you are charged with street racing or stunt driving, you will be subject to a 7 day administrative driving suspension, a 7 day vehicle impound and impound fees. 

If you are convicted of these offences, pursuant to section 172(2) of the Highway Traffic Act, there are even more severe penalties, which may include:

  • A fine ranging from $2,000 to $10,000; and/or
  • Imprisonment for a term of not more than six months; and
  • A driving suspension, which can last up to 10 years in some cases.

The consequences of street racing and stunt driving become even more serious if charges of careless driving or careless driving causing bodily harm or death are involved. 

If a driver is convicted of careless driving, he/she will face a fine of up to $2,000, six demerit points, and/or a jail term of six months, and a licence suspension of up to two years.

If a driver is convicted of careless driving causing bodily harm or death, he/she will face a fine of no less than $2,000 to the maximum of $50,000, six demerit points, and/or imprisonment up to two years, and a licence suspension of up to five years.

STREET RACES AND SOCIAL MEDIA

Some drivers communicate and coordinate illegal activities, such as street racing, through social media. 

OPP Supt. Tony Cristilli advises:

They run so-called qualifying races in municipalities around the GTA and often hold final races on our 400 series highways patrolled by the OPP.  Take it to the race track where it belongs.

Police are encouraging the public to report any information regarding street racing activity or videos found on social media of street racing or dangerous driving behaviours in Ontario.

According to OPP Supt. Tony Cristilli:

There are different forms of communication these days and social media is definitely one platform that’s used to communicate these activities.  Obviously that reaches a broad spectrum of people that are out there that’s on social media who could easily advise the police.

If you are facing a street racing or stunt driving charge or any another driving offence, please call the experienced criminal lawyers at Affleck & Barrison LLP at 905-404-1947 or contact us online.  We offer a free consultation, and are available 24 hours a day, seven days a week.

New Harsher Penalties Are in Force for Distracted Drivers in Ontario

Written on Behalf of Affleck & Barrison LLP

When the clock struck midnight on December 31, 2018, stiffer fines and long-lasting penalties for distracted drivers began in Ontario.

According to the Ontario Provincial Police, distracted drivers are the leading cause of fatal collisions in Ontario. In 2016, 65 people died in accidents caused by inattentive drivers.

WHAT IS DISTRACTED DRIVING?

Distracted driving is defined as driving a vehicle while engaging in another activity such as texting, reading, using any handheld device (including typing on a GPS or changing a playlist), grooming, eating, and drinking.

Using a cell phone while driving involves three types of distractions: visual, manual, and cognitive. Visual requires you to take your eyes off of the roadway. Manual entails taking your hands off of the wheel of the vehicle. Cognitive involves taking your mind off of driving. Even using a phone for a handsfree call provides a distraction to one’s cognition as your mind is taken off of the road.

STATISTICS REGARDING DISTRACTED DRIVING

Distracted driving has severe consequences to both the distracted driver, his/her passengers, and anyone within his/her path.

Statistics demonstrate that a distracted driver can fail to see up to 50% of their immediate environment.

Distracted drivers contribute to 20-30% of all motor vehicle collisions and are three times more likely to be involved in a motor vehicle accident than focused drivers.

According to Ontario’s Ministry of Transportation, deaths from collisions caused by distracted driving have doubled since 2000 in Ontario.

ONTARIO’S NEW DISTRACTED DRIVING LAWS

Beginning January 1, 2019, as part of Ontario’s Bill 174 , Ontario will have the toughest penalties for repeat distracted driving convictions.

Drivers who are found to be talking on their phones, texting, dialing, or emailing with a hand-held device will be fined up to $1,000 with a three-day licence suspension, and three demerit points.

Motorists facing a second conviction of distracted driving will face a fine of up to $2,000, a seven-day licence suspension, and six demerit points.

Drivers who have been convicted of driving distracted more than two times will be required to pay a fine of up to $3,000, will lose their licence for 30 days, and six demerit points.

Novice drivers with a graduated licence (G1, G2, M1 or M2) will face even tougher penalties. These drivers will face the same fines as more experienced drivers, in addition to:

  • 30-day licence suspensions for a first conviction;
  • 90-day licence suspensions for a second conviction; and
  • licence revocations and removal from the Graduated Licensing System for a third conviction.

In addition to the stiffer fines and greater penalties, those convicted of distracted driving can expect their insurance rates to increase.

The only exceptions to the distracted driving rules are when calling 911 in an emergency or when the driver is lawfully parked or safely pulled off of the roadway.

CARELESS AND DANGEROUS DRIVING OFFENCES

If you have endangered other people due to any type of distraction (using a hand-held or hands-free device) while driving, you may be charged with careless driving.

A driver convicted of careless driving faces fines of up to $2,000, six demerit points, and/or a jail term of six months, and a licence suspension of up to two years.

If you are charged with the dangerous operation of a motor vehicle upon consideration of the nature, condition, use of the vehicle, and the amount of traffic at the time, you may face a jail term of up to 10 years for causing bodily harm or up to 14 years for causing death.

TORONTO POLICE DISTRACTED DRIVING BLITZ

Toronto Police launched a two-week-long traffic blitz aimed at distracted drivers, which runs until January 20, 2019.

Officers will be using all types of vehicles to look for distracted drivers, including patrol cars, unmarked vehicles, bicycles, and on foot. Police officers will also be riding TTC buses and streetcars to observe drivers from above.

SIMPLE TIPS TO AVOID DISTRACTED DRIVING

Cell phones are a driver’s biggest distraction when they are behind the wheel. It is strongly recommended that drivers only use hands-free devices while driving to make short phone calls. Even drivers who are using hands-free devices become distracted by a telephone conversation while navigating through traffic.

It is also recommended that drivers turn off their phone or switch it to silent mode before getting into their vehicle. Placing one’s cell phone in the glove compartment or in a bag on the back seat will also help to avoid the temptation to use the phone while driving.

It is also suggested that drivers pre-program any GPS tools or music devices before starting their vehicle. If the need to make a call or return a text arises while driving, find somewhere safe to pull over and park your vehicle.

Drivers should also ensure that their children are comfortable, properly seat belted, and have everything they need prior to starting their vehicles.

If you are facing a distracted driving charge or another driving offence, please call the experienced criminal lawyers at Affleck & Barrison LLP at 905-404-1947 or contact us online. We offer a free consultation, and are available 24 hours a day, seven days a week.