If you’ve been charged with a traffic offence in Alberta, it’s important to understand how the law treats different types of driving violations. Some are provincial offences under the Traffic Safety Act, while others are criminal charges under the Criminal Code of Canada. The penalties can range from fines and demerit points to licence suspensions and even jail time. Knowing where your case falls on this spectrum is the first step toward building the right defence.
Table of Contents
- Understanding The Traffic Safety Act and Similar Legislation and Regulations in Alberta
- Key Types of Traffic Offences Under the Traffic Safety Act
2.1. Careless Driving
2.2. Immediate Roadside Sanctions
2.3. Move-Over Law Violations
2.4. Demerit Point System
3. Criminal vs. Provincial: When Offences Cross the Line
4. How a Traffic Lawyer Can Help
5. Why Choose Us?
6. Your Next Steps
Understanding The Traffic Safety Act and Similar Legislation and Regulations in Alberta
If you’ve received a summons or traffic ticket in Alberta, it’s crucial to understand the distinction between provincial traffic offences and criminal driving offences:
- Provincial traffic offences, such as speeding, careless driving, or distracted driving, are governed by the Traffic Safety Act. These do not usually result in a criminal record but can lead to fines, demerit points, and license suspensions.
- Criminal driving offences, like impaired driving, flight, or dangerous driving causing injury, are prosecuted under the Criminal Code of Canada and can result in a criminal record and even Imprisonment.
Key Types of Traffic Offences Under the Traffic Safety Act
1. Careless Driving
One of the most serious non-criminal offences in Alberta, careless driving requires proof that your driving fell below the standard a reasonable driver would meet and could endanger others. It can include driving behaviours such as stunting, racing, tailgating, aggressive lane changes, and driving without headlights or taillights in the dark. Penalties include:
- A minimum fine of $567 (up to $2,000),
- 6 demerit points,
- Possible license suspension and even jail, depending on severity.
2. Immediate Roadside Sanctions
If a police officer believes that your ability to operate a motor vehicle was impaired by an intoxicant, such as alcohol or drug, or a combination of alcohol and drugs, they can make a mandatory alcohol screening demand or a field sobriety test at the roadside, or conduct a breathalyzer test or take a blood, saliva, or urine sample at the police station.
If you fail to provide an adequate sample or refuse to comply without a reasonable excuse, the officer can issue immediate roadside sanctions for refusal. If your blood alcohol and/or blood drug concentration is over the legal limit, you will be issued a notice of administrative penalty. You have the right to an immediate roadside appeal. If the result of the second test is lower than the legal limit, the notice of administrative penalty will be cancelled. If it is higher than the legal limit, the notice will be confirmed.
Though immediate roadside sanctions are not criminal offences, a police officer can still lay criminal charges in addition to immediate roadside sanctions, such as in cases involving a prior impaired driving record, a motor vehicle collision, injuries, or death.
- A minimum fine of $1,000 + victim fine surcharge (can be quite high depending on the number of past contraventions),
- A 90-day license suspension, followed by 12+ months restricted licence with ignition interlock eligibility (can be as long as a lifetime restriction depending on the number of past contraventions),
- Vehicle seizure for 30 days,
- Charges under the Criminal Code of Canada for second, third, or subsequent contraventions.
4. Move-Over Law Violations
Alberta’s law mandates drivers to slow down to 60 km/h (or lower) when passing stopped emergency or tow vehicles with flashing lights. Fines for violations have been increased significantly, and clients have been facing lengthier licence suspensions.
5. Demerit Point System
Alberta uses a point-based system: accumulating 15 or more demerit points within two years results in an automatic one-month license suspension.
Criminal vs. Provincial: When Offences Cross the Line
Some offences may escalate from provincial to criminal territory depending on seriousness:
- Impaired driving (DUI) may lead to administrative suspensions, yet repeated offences or injuries can elevate the matter to criminal charges. We can review the officer’s notes, requisite technical certificates, and dash and body-worn camera footage for Charter issues, illegal traffic stops, and a number of other issues that could form a defence for impaired driving offences.
- Hit and run is a criminal offence under the Criminal Code, with up to 10 years imprisonment, and more if there’s bodily harm or death. We have successfully negotiated hit and run criminal offences down to failure to remain at the scene of an accident, provincial offences.
- Dangerous driving and dangerous driving causing bodily harm or death will replace careless driving infractions where the driving is considered sufficiently dangerous to ground criminal charges. This assessment is undertaken by the investigating officer(s), and we have had success negotiating dangerous driving criminal charges down to careless driving provincial Offences.
- Similarly, driving while prohibited is a criminal charge, which we have had success negotiating down to the provincial offence of driving while unauthorized or driving without a subsisting operator’s licence.
How a Traffic Lawyer Can Help
At our firm, we specialize in helping clients navigate the wide spectrum of traffic and driving offences in Alberta:
- Strategic defence of traffic infractions — negotiating fines, reducing demerit points, or avoiding suspensions where possible.
- Challenging careless driving and stunting allegations by reviewing police notes, dashcam, or radar data, and witness accounts to uncover weaknesses in the case.
- Zealous representation of clients in criminal proceedings, such as impaired driving or hit-and-run cases, which can carry significant personal and legal consequences.
Why Choose Us?
- Alberta-focused expertise: We know the Traffic Safety Act inside out and stay abreast of key amendments like those impacting distracted driving, stunting, and the move-over law.
- Proven results: We’ve successfully helped clients defend against traffic infractions, reduce penalties, protect their driving privileges, and—in criminal cases—minimize long-term ramifications.
- A client-first approach: We offer clear guidance, dedicated attention, and tactical representation tailored to your situation.
Your Next Steps
- Don’t delay — traffic charges can lead to a number of not immediately apparent collateral consequences, such as increase in insurance premiums, insurability, and civil liability. Acting promptly improves your chances of a favourable outcome.
- Preserve all documents — for instance, tickets, correspondence, and any disclosures or notices received. Gather the contact information of any witnesses and have them prepare statements.
- Consult us for a free intake to understand your rights and options—whether you’re facing administrative, traffic, or criminal charges.
Let Us Protect Your Rights and Your License
Understanding the nuances between provincial and criminal offences is vital—and having an experienced advocate by your side can be the difference between a minor penalty and lasting repercussions. If you’ve been charged with a traffic offence in Alberta, contact our defence team today—we’re here to help safeguard your future on the road.