Is It Possible to Fight a Novice Driver Violation and Win?
Yes, A Novice Driver Ticket Can Be Beat! A Prosecutor Must Prove A Novice Driver Charge Beyond A Reasonable Doubt. To Beat A Novice Driver Violation, A Skilled Traffic Ticket Defender Will Look For Holes To Poke In The Case By Challenging The Evidence Of The Prosecution In An Effort To Raise A Reasonable Doubt.
A Novice Driver Convicted of Any Offence Which Carries Four (4) Or More Demerit Points Will Result In A Escalation Sanctions Penalties.
Fighting a Novice Driver Ticket May Protect Your Driving Record From the Costly Consequences Upon Conviction
Who is a Novice Driver?
A novice driver may be a young driver or a new driver seeking to obtain their driver’s licence and driving privileges for the first time. The term “novice driver” refers to any person holding a G1, M1, G2 or M2 licence who has not completed Ontario's Graduated Licensing System (GLS).
What is the Graduated Licensing System?
The graduated licensing system is designed to provide new drivers with sufficient time to practice and gain driving experience over time. Novice drivers are given five (5) years to complete the graduated licensing process and secure their G Licence or M Licence failing which they must restart the graduated licensing process. The system consists of two stages, Class G1 (Level 1) Novice Driver and Class G2 (Level 2) Novice DriverClass G2 (Level 2) Novice Driver both of which are subject to their own unique driving restrictions. Further, novice drivers are subject novice licence conditions and escalating sanctions.
Have You Been Charged with a Novice Driver Violation?
Novice Drivers’ charged with G1, M1, G2 and M2 violations, among other traffic tickets, face serious penalties under escalating sanctions including licence suspension and possible licence cancellation for repeat offenders. It is therefore extremely important that all novice drivers consider not only challenging such offences in Court but seek professional legal representation when doing so. The earlier you secure professional legal representation, the better your chances will be of possibly avoiding a driver’s licence suspension.
Novice Drivers Often Contact DefendCharges upon:
- receiving a novice driver violation or other traffic ticket;
- receiving a notice of suspension upon paying a ticket, pleading guilty in Court or failing to challenge the ticket with the Court; or
- being stopped by police and charged with Driving While Licence Suspended
What Restrictions Apply to Class G1 Novice Drivers?
By law, when you have a G1 Licence (level 1), you must not drive alone. An accompanying driver must sit in the front passenger seat. This is the only person who can be in the front seat with you while you drive. You must drive with a fully licensed driver who has:
- at least four years of driving experience;
- a blood alcohol level of less than .05 (if this person is twenty-one (21) years of age and under, their blood alcohol level should be zero);
- the accompanying driver’s licence may have demerit points, but it cannot be suspended;
- maintain a zero blood alcohol level (no alcohol in your blood);
- make sure every passenger with you wears a properly working seatbelt;
- not drive between midnight and 5 a.m.; and
- not drive on any 400-series highways or high-speed expressways with a speed limit of 80km/hr or more. (e.g., Highway 401, 404, 407, 409, 410, 412, Queen Elizabeth Way (QEW), Gardiner Expressway, Don Valley Parkway)
Failure to comply with the above mentioned restrictions may result in your being charged G1 licence violation which upon conviction will result in a G1 licence suspension.
Common G1 Offences and Violations include:
- G1 Class Driver, Drive Unaccompanied by Qualified Driver
- G1 Class Driver, Drive at Unlawful Hour
- G1 Class Driver, Drive on Prohibited Highway
Other Common Novice Driver Violations include:
- Novice driver fail to surrender licence
- Novice driver — presence of drug
- Novice driver — B.A.C. above zero
What Restrictions Apply to Class G2 Novice Drivers?
By law, when you have a G2 Licence (level 2), you must:
- Not drive if you have been drinking alcohol. Your blood alcohol level must be zero
- Each person in the vehicle must have a working seatbelt
In addition, the following restrictions apply between the hours of midnight to 5:00AM to G2 drivers aged nineteen (19) years and under:
- Within the first six (6) months of receiving your G2 licence, you are allowed to carry only one (1) passenger aged nineteen (19) or under.
- After six (6) months and prior to obtaining your full G licence or turn twenty (20) years or age, you are allowed to carry up to three (3) passengers aged nineteen (19) or under.
Failure to comply with the above mentioned restrictions may result in your being charged with a G2 licence violation which upon conviction will result in a G2 licence suspension.
Exemptions: The passenger restrictions for G2 drivers aged nineteen (19) and under do not apply if you are accompanied by the fully licensed driver in the front seat, or if the passengers are members of your immediate family (a guardian or those related to you by blood, marriage, common-law relationship or adoption).
What Are Hybrid Offences and How Do They Affect Novice Drivers?
A few examples of a hybrid offences might include distracted driving offences such as “Drive While Display Screen Visible to Driver" contrary to section 78.1 or “Drive Handheld Communication Device” contrary to section 78.1(1) of the Highway Traffic Act R.S.O. 1990, c. H.8. Novice drivers charged and subsequently convicted of such hybrid offences are also subject to increased penalties including longer licence suspensions under escalating sanctions.
*A driver’s licence reinstatement fee must be paid for first and second occurrences which may be paid at any Service Ontario location.
Upon conviction of an offence triggering a novice driver licence suspension under escalating sanctions, the MTO will mail a Notice of Suspension to your last known registered address. The notice will advise you the date your suspension will take effect and provide you with instructions on how to properly surrender your licence. It is important to note that should you fail to surrender your driver's licence as required, you can lose your licence for up to two (2) years.