DEMERIT POINT
Overview
Demerit points are applied only after the ticket is paid to the drivers license or insurance
The Demerit Point System in Ontario is a way for the Ontario Ministry of Transportation to monitor your driving. All individuals who drive a vehicle in Ontario are subject to this system only when they are convicted of an offence under the Highway Traffic Act. The system is in place to encourage drivers to continue to improve their driving ability and ensure that drivers in Ontario are not abusing their privilege to drive.
Demerit points are added (not lost), if you are found guilty of a traffic ticket offence. The amount of points you gain vary per charge. If you obtain too many demerit points, there is a possibility you could lose your licence.
You start with zero (0) points and go up to fifteen (15). A demerit point will stay on your record for a maximum of two (2) years from the offence date. Once two (2) years has passed, they will automatically be removed from your record.
Don’t assume that if the demerit points are not written on the ticket, there are no points associated with the charge. Police officers and the courts are not affiliated with the The Ministry of Transportation and therefore are not required to tell you or write on the ticket how many demerit points are associated with that charge.
If you receive a ticket in:
1. Other Canadian Provinces and Territories.
2. The State of New York.
3. The State of Michigan.
Demerit points can be assessed to your licence.
The definition as per the Highway Traffic Act:
- 130 (1) “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”
Penalties For Careless Driving NOT Causing Bodily Harm or Death are:
We have listed below some of the most common charges laid by police officers and the amount of demerit points attached to them.
| Description Of Offence | Demerit Points |
| Failing to Remain at the Scene of a Collision | 7 |
| Failing to Stop When Signaled or Asked by a Police Officer | 7 |
| Careless Driving | 6 |
| Stunt Driving | 6 |
| Failing to Stop for a School Bus | 6 |
| Speeding: Exceeding Speed Limit by 50 km/hour or more | 6 |
| Fail to Stop at Railway Crossing | 5 |
| Speeding: Exceeding the Speed Limit by 30 to 49 km/hour | 4 |
| Following too Closely | 4 |
| Fail to Yield to Pedestrian | 4 |
| Speeding: Exceeding the Speed Limit by 16 to 29 km/hour | 3 |
| Driving While Holding or Using a Hand-held Wireless Communications Device | 3 |
| Unsafe Move – Lane or Shoulder | 3 |
| Driving Through, Around or Under a Railway Crossing Barrier | 3 |
| Driving the Wrong Way on a Divided Road | 3 |
| Driving or Operating a Vehicle on a Closed Road | 3 |
| Failing to Yield the Right-of-Way | 3 |
| Disobey Stop Sign | 3 |
| Failing to Obey a Traffic Control Stop/Slow Sign, Traffic Light or Railway Crossing Signal | 3 |
| Failing to Obey the Directions of a Police Officer | 3 |
| Failing to Report a Collision to a Police Officer | 3 |
| Failing to Slow and Carefully Pass a Stopped Emergency Vehicle or a Tow Truck With its Amber Lights Flashing | 3 |
| Failing to Move, Where Possible, Into Another Lane When Passing a Stopped Emergency Vehicle or a Tow Truck With its Amber Lights Flashing | 3 |
| Improper Passing | 3 |
| Improper Use of a High Occupancy Vehicle Lane | 3 |
| Going the Wrong Way on a One-way Road | 3 |
| Crowding the Driver’s Seat | 3 |
| Improper Right Turn | 2 |
| Improper Left Turn | 2 |
| Improper Opening of a Vehicle Door | 2 |
| Prohibited Turns | 2 |
| Towing of Persons on Toboggans, Bicycles, Skis, etc. | 2 |
| Unnecessary Slow Driving | 2 |
| Backing Up on Highway | 2 |
| Failing to Lower Headlamp Beams | 2 |
| Disobey Sign | 2 |
| Failing to Stop at a Pedestrian Crossing | 2 |
| Failing to Share the Road | 2 |
| Failing to Signal | 2 |
| Driver Failing to Wear a Seat Belt | 2 |
| Driver Failing to Ensure Infant/Child Passenger is Properly Secured | 2 |
Determining the amount of demerit points you receive is reflective of how fast you were traveling.
The faster you were traveling, the more demerit points will be assessed.
| Speed Range | Demerit Points |
| 0 to 15 km/hour Over Speed Limit |
|
| 16 to 29 kh/hour Over Speed Limit |
|
| 30 to 49 km/hour Over Speed Limit |
|
| 50 km/hour Over Speed Limit |
|
| Stunt Driving or Racing |
|
Sturino Walker Legal will take the worry out of your traffic tickets and ensure your record stays clear.
It would be a privilege if you allowed us to be your representative.
G1 and/or G2 Drivers (Novice Drivers):
As a novice driver you face different consequences.
2-5 Demerit Points:
• You are sent a warning letter.
• Likely that you will have to attend an interview hearing to discuss your driving record
6-8 Demerit Points:
• Your licence could be suspended.
30 Day Licence Suspension:
• Convicted of a four (4) or more demerit point traffic ticket.
• Convicted of a graduating licensing requirement.
60 Day Licence Suspension:
• You receive 9 or more demerit points.
Graduated Licensing Requirements
G Class Drivers:
As a fully licensed driver you can accumulate a total of 15 demerit points.
2-8 Demerit Points:
• You are sent a warning letter.
9-14 Demerit Points:
• Your licence could be suspended.
• May have to attend an interview to discuss your record.
15 or More Demerit Points:
• You are given a 30 day suspension.
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