Failing to stop for a school bus is considered a serious Ontario Traffic Ticket.
It comes without question that failing to stop for a school bus that has both its red-flashing lights and stop sign displayed is an offence under the Ontariio Highway Traffic Act. Given the vulnerability of young children, and teens, those who fail to come to a full and complete stop while a bus is making its rounds may face steep fines, the acquisition of numerous demerit points, a rare possibility of jail, and/or an immense risk to your insurance.
Highway Traffic Act definition:
Section 175(11) of the Ontario Highway Traffic Act creates the offence for when it is reported that a driver failed to stop for a school bus that had been displaying both its red flashing lights and stop sign arm. The law in Ontario requires drivers in either direction of traffic, unless separated by a median, to come to a full stop until such time that the red flashing lights and stop sign have been turned off.
As a result of the seriousness of the offence, these types of charges are known best as offences of strict liability, which allow the defendant to raise a defence of due diligence in order to exculpate the behaviour on a balance of probabilities.
Penalties for Failing to Stop for a School Bus in Ontario:
Court-imposed penalties upon conviction:
- First Offence:
- a monetary fine between $400 and $2,000, plus victim fine surcharge and court cost
- Subsequent Offence:
- a monetary fine between $1,000 and $4,000, plus victim surcharge and court costs; and/or
- a custodial jail sentence not exceeding six (6) months.
Post-conviction consequences for failing to stop for a school bus:
- six (6) demerit points will be applied to the Ontario Driver’s Licence; and/or
- the Ontario Driver’s Licence may be suspended for the accumulation of too many demerit points.
It is important to note that while a subsequent conviction may result in a jail sentence, a conviction does not result in a criminal record. In addition, a convicted driver can expect a drastic increase to their insurance premium if it is proven that they failed to stop for a school bus.
Defences for Failing to Stop for a School Bus:
There is a possibility that Mark Cardy may be able to successfully defend you by implementing the following defences, should they exist:
- Due Diligence – If the Crown has proven the actus reus, or prohibited action, as a required element of the offence, the onus shifts to the defendant to establish on a balance of probabilities whether reasonable steps were taken to prevent the offence from happening.
- Prove It – Even a case with bad facts for the defence must be proven in open court. The onus, or requirement, is always on the Crown prosecutor to ensure that all essential elements have been established and that the defendant is guilty beyond a reasonable doubt. This defence challenges the Crown’s case and evidence through the use of effective cross-examination and closing submissions.
- Reasonable Mistaken Belief/Fact – While ignorance of the law is not a defence, if the defendant can prove that they honestly and reasonably believed in a set of mistaken facts, it may render the conduct unenforceable.
