Changes to Driving Laws in Ontario

Fines in Driving Laws

What has changed?

There are some drastic changes in the charges and fines for Distracted Driving, and Impaired Driving that you need to know about. ATOTK met with Constable Joe Ayotte, Community Safety/Media Officer at the Peterborough County OPP, to talk about the new changes in fines for Distracted Driving and Driving under the Influence. The four biggest problems are distracted driving, impaired driving, aggressive driving and lack of seat belts. 2017 marked the fifth consecutive year that inattentive drivers were behind the highest number of lives lost on OPP (Ontario Provincial Police) patrolled roads. On January 1, 2019 the fines have increased dramatically. The OPP has laid more than 7,300 impaired driving charges across the province between January 1 and mid-November, 2018.

ALCOHOL IMPAIRED DRIVING PENALTIES (as of December 18, 2018) Alcohol-impaired driving that does not cause bodily harm or death - mandatory minimum penalties: First Offence: First offence + blood alcohol content (BAC) of 80-119 mg: mandatory minimum $1,000 fine First offence + BAC of 120-159 mg: mandatory minimum $1,500 fine First offence + BAC of 160 mg or more: mandatory minimum $2,000 fine First offence of refusal to be tested: mandatory minimum $2,000 fine Second Offence: Mandatory minimum 30 days imprisonment Third and Subsequent Offences: Mandatory minimum 120 days imprisonment

Police officers will now be able to demand a roadside breath sample from any lawfully stopped driver to determine whether a person has alcohol in their body without first having to suspect the motorist has been drinking.

Until now, officers had to have a reasonable suspicion that a driver had alcohol in their body before demanding a sample. Drivers need to be aware that it is mandatory for them to comply with this demand and that those who do not can be charged with failing or refusing to provide a breath sample.

The alcohol impaired limit used to be OVER 80 mg. It is now 80 mg AND OVER. It used to be that if a person blew 88 mg, it would be truncated down to 80 mg, therefore your over 80 mg charge would not happen. Now, at 80 mg you will be charged.

“If you decide to fight a ticket, don’t count on the police officer not showing up”

DISTRACTED DRIVING If you have an A, B, C, D, E, F and/or G licence, (starting January 1, 2019) you’ll face: For your first conviction: a fine of up to $1,000 (previously $490) 3 demerit points 3 day driver’s licence suspension (new) For your second conviction within 5 years (new): a fine of up to $2,000 6 demerit points 7-day driver’s licence suspension For your third and all subsequent convictions within 5 years (new): a fine of up to $3,000 6 demerit points 30-day driver’s licence suspension

The licence suspension for distracted driving happens after you are convicted, unlike impaired driving, where your licence is taken away immediately.

As far as cell phones go, the MTO states that they can only be used to activate or deactivate a hands free function, and only if it is secured. It can’t be in your hand. Dialing or scrolling through contacts is not allowed.

DRUG IMPAIRED DRIVING New summary conviction offence: 2 nanograms (ng), but less than 5ng of THC per millilitre (ml) of blood: maximum $1,000 fine New hybrid offences: 5ng or more of THC per ml of blood: First offence: mandatory minimum $1,000 fine Second offence: mandatory minimum 30 days imprisonment Third and subsequent offences: mandatory minimum

120 days imprisonment

Any detectable level of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, and/ or 6-mam: First offence: mandatory minimum $1,000 fine Second offence: mandatory minimum 30 days imprisonment Third and subsequent offences: mandatory minimum 120 days imprisonment

5mg/L of GHB: First offence: mandatory minimum $1,000 fine Second offence: mandatory minimum 30 days imprisonment Third and subsequent offences: mandatory minimum 120 days imprisonment

50 milligrams (mg) of alcohol per 100 ml blood + 2.5ng or more of THC per ml of blood: First offence: mandatory minimum $1,000 fine Second offence: mandatory minimum 30 days imprisonment Third and subsequent offences: mandatory minimum 120 days imprisonment

Drug-impaired driving that does not cause bodily harm or death Maximum penalties upon conviction: 18 months imprisonment 5 years imprisonment

Drug-impaired driving causing bodily harm Maximum penalty upon conviction: 10 years imprisonment

Drug-impaired driving causing death Maximum penalty upon indictment: Life imprisonment

If you decide to fight a ticket, don’t count on the police officer not showing up. Court appearances are now mostly scheduled during the officers shift instead of on their day off.