how to fight a speeding ticket in ontario

how to fight a speeding ticket in ontario

You have until February 26, 2021 to dispute your ticket. The good news is that most charges issued by the police can be resolved without the need for a full trial. Posted under Speeding, CVOR Points, Demerit Points, Professional Truck Drivers, Speed Measuring Devices, Traffic Ticket Defence. Fighting speeding tickets takes time and effort – here’s how…. In traffic court the police officer has to prove, the who, what, when, where and the how of a speeding ticket. Our friendly staff are here to help you. (b) on a subsequent conviction under this section, for not more than 10 years. Part of the reason is unawareness about legal rights, … Do not go to the courthouse. How to fight a ticket. In affect the ticket is kept way from the insurance until the next renewal date. determined by how far over the posted speed limit. We hope to provide some help and clarification. (f) the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128.0.1. What Are The Penalties For Stunt Driving? Novice drivers are subject to escalated sanctions penalties upon a conviction for any offence carrying 4 or more demerit points: For a first offence: your driver’s licence is suspended for 30 days. First, select Option 3 on the back of the ticket and schedule a trial. You must select Option 3 on the back of the ticket and send in your ticket. There are two main ways that the police can charge you with a speeding offence. For example: In this example, whether the driver ultimately wins the ticket or not the driver avoids the insurance “seeing the ticket” until the next years renewal. There are thousands of traffic tickets issued every year across Ontario for speeding. Traffic Ticket Lawyer » How Do I Fight A Speeding Ticket In Ontario? Another way to fight traffic tickets is not to deny or point out … Unfortunately, many motorists are taken advantage of because they don't know their rights, do not understand the insurance implications and penalties traffic law in Ontario. Offence Notices are the most common type of traffic ticket. How to Fight Speeding Tickets. Therefore, pleading guilty and paying the fine will not … (a) 50 kilometres per hour on a highway within a local municipality or within a built-up area; (b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation; (c) 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area; (d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7); (e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or. Any person who is charged with an offence in Canada is permitted to have their day in court, to meet their accuser, to have a judge make a decision as to guilt or innocence. The insurance implications and demerit points are delayed until AFTER any court date. Why Fighting a Speeding or Any Other Traffic Ticket is Sometimes Necessary Everyday Ontario drivers across the province receive speeding and other traffic tickets. This fact alone will … delaying & reducing the impact on insurance, but the driver received a speeding ticket in February, upon receiving the ticket the driver requested a trial date, subsequently the ticket was no on the drivers record for the insurance renewal in April, that the prosecution does not have to prove. any time of day or night and one of our staff will contact you during regular business hours. To see this page as it is meant to appear, please enable your Javascript! you actually speeding to go to a place of safety, is the officers name “printed” at the top of the ticket, is the driver properly identified on the ticket, is the location and municipality properly specified, I was stopped on King St for the purpose of conducting speed enforcement, the posted speed at this location is 60km/h, I was using a police radar that was working properly, I observed a brown car that appeared to be speeding, I activated the radar device and recorded a speed of 80km/h, I stopped the driver who identified themselves with an Ontario drivers licence, I issued that person a ticket for the offence before the court. At Mavericks Legal Services, we can provide you with an honest opinion of your situation and help you weigh the consequences you may face as a result of your Speeding ticket so you can make the right decision. BOOK YOUR FREE CONSULTATION. Get the Manufacture’s Manuals. The options that the traffic court gives you are: pay the ticket; plead guilty with an explanation; have a meeting with the … This includes speeding to the police station or another place they would be protected from the threat, but does not include rushing to get home or other similar place. 2005, c. 26, Sched. Speeding can sometimes lie in a grey area since, and there are a host of other factors that can make a speeding ticket unwarranted. You’ve received a speeding ticket, now you’re trying to decide whether to pay or fight it. They carry 6 demerit points and the following court penalties: (2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s licence may be suspended, (a) on a first conviction under this section, for not more than two years; or. You must pay … Not only do they face all of the standard penalties that a regular driver would face, but their employer may also receive a record of the conviction along with a CVOR point penalty. Plead by mail or online, if possible. Dispute Your Provincial Offence As part of the City’s COVID-19 response, you can pay or dispute most tickets, fines and penalties online or by mail. In Ontario, speeding charges fall under Highway Traffic Act section 128. Due to frustration I hired a paralegal to fight the traffic ticket … A, s. 17 (9). Speeding to take care of someone in need of medical attention means that, the driver was speeding in order to take someone to a medical facility, where no other reasonable means of transportation was available and the emergency was life threatening. Yes. A CMV driver’s driving record is literally their resume. Next Post: How To Fight An Ontario Cell Phone Ticket. Unfortunately, many motorists are taken advantage of because they don't know their rights, do not understand the insurance implications and penalties traffic law in Ontario. https://www.otdlegal.ca/blog/how-do-i-fight-a-speeding-ticket-in-ontario Depending on the municipality, you can now request a trial or early … If I’m a professional truck driver, will this ticket impact my employer and my employment? Any information provided is confidential and is used solely to assist you. Effectively, if the police observe you driving at a rate of speed over the posted speed limit, you risk being stopped and charged with speeding under HTA s.128. Of those cases that do get argued at trial, many of those cases do not require you to attend court. Stunt Driving offences carry much more severe penalties compared to a simple speeding offence. Any speeding ticket … The Mavericks team has years of experience dealing with Ontario Speeding tickets, and can help fight, and win your speeding ticket … I only have a novice driver’s licence, will I face greater penalties? In legal terms a speeding ticket is called a “Strict Liability Offence“, which means: In traffic court the prosecution does not have to prove that you intended to speed. Some Court Services counters are open … The fastest speed any motorist in Ontario can travel legally is 100 km/h. When you go to court to fight your speeding ticket… upon a conviction for any offence carrying 4 or more demerit points: The first step is to contact our office for a no-cost, no-obligation initial consultation to go through your case history and details. How will this impact my driver’s licence? We fight for you! Speeding Ticket Ontario How to Fight a Speeding Ticket in Ontario. If you are considering fighting your speeding ticket, we recommend that you seek legal advice that is readily available from the thousands of licensed paralegals in Ontario. Trials for provincial offences are being rescheduled. Though some people might not give a second thought to paying off the infraction, traffic tickets … get a conviction to the charge. Although you don't have the right to an appointed attorney, you may be able to hire a traffic attorney who can help you fight the ticket. Provide us with contact and any additional information. You can ignore ticket … The driver is always legally responsible for the speed of their vehicle. What Are The Consequences Of A Traffic Ticket Conviction? What Should I Do If I Get A Speeding Or Stunt Driving Ticket? Dealing with traffic tickets during COVID-19 With many offices closed due to the pandemic, Global’s Joe Scarpelli learns what you need to do if you’re issued a traffic ticket. How to fight a speeding ticket What you need to know about speed limits and speeding tickets. Offence Notice. Explanations, explaining why the driver did the act are not defences to speeding. Do not go to the courthouse. What court penalties am I facing? Driving at 71 km/h in a posted 50 km/h zone carries the same 5 CVOR point penalty as a Careless Driving or Stunt Driving offence. Penalties for Novice Drivers. A, s. 17 (1); 2006, c. 11, Sched. 1. The purpose of this page is to provide information. B, s. 6 (2); 2006, c. 32, Sched. As of date of writing, all traffic ticket have been in limbo since March of 2020, and courts are not expected to open until at least January of 2021. How Many CVOR Points Does My Speeding Ticket Have? Being Honest with Yourself. You will also lose any time discount you earned, any time you were credited, and any fees you have paid. First, you can sign the ticket … the conviction will affect your insurance rates. Previous Post: What Are The Consequences Of A Traffic Ticket Conviction? If you are facing serious Speeding tickets in Ontario, getting the opinion of a legal professional can help you make your decision. Conclusion. Your legal representative can attend court on your behalf without your needing to miss attending work or school. Stunt driving (aka “Racing” or “Race Motor Vehicle”) is the much more serious version of a speeding offence and falls under HTA section 172: 172 (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 2007, c. 13, s. 21. The use of this website or submission of an inquiry does not constitute a paralegal-client relationship nor having retained our legal representation. There are three options listed on the back of your speeding ticket: Plea of Guilty; Early Resolution; Trial Option; The trial option is the only one that gives you the chance to set a trial date and fight the speeding ticket in traffic … Speeding tickets are one of the most common traffic tickets that are issued in Ontario. The first step is to contact our office for a no-cost, no-obligation initial consultation to go through your case history and details. The easiest and least stressful way to fight your speeding ticket is through a licenced paralegal that knows the law and the court process. Consider traffic school. D, s. 4 (1). Speeding tickets have penalties other than just a fine, such as: Where the driver disputes the ticket, the ticket does not go on the driving record or insurance until after any court date. That saves you time, money, and stress. It’s worth fighting a charge if you believe it was unjust, and it’s worth doing so since speeding fines in Ontario can be quite costly. Z. You cannot defend yourself by saying you: A driver cannot come to traffic court and make a defence for speeding by saying it was a mistake, error or give an explanation. The officer must explain to the justice how they recorded the driver speeding. Besides the two legal defences to speeding the prosecution must prove the case to the court beyond a reasonable doubt, and without errors, for example: Many of these issues are considered the essential elements of the charge that the prosecution must prove to convict a driver of speeding. How To Fight An Ontario Cell Phone Ticket, a) 1-19 kilometres per hour over the maximum speed limit, b) 20-29 kilometres per hour over the maximum speed limit, c) 30-49 kilometres per hour over the maximum speed limit, d) 50 kilometres per hour or more over the maximum speed limit, 1. Tell us where were you received the ticket, 2. While fighting your ticket … You are going to have to make some important decisions in a limited period of time that may result in consequences that can impact your life for years to come. Attach or take a picture of your ticket for our review, 3. Many times court dates are delayed months and even years. Argue that Your Driving Was Justified. Where you cannot win the ticket, delaying a conviction reduces and delays any impact on insurance. 2005, c. 26, Sched. Stunt driving (aka “Racing” or “Race Motor Vehicle”) is the much more serious version of a speeding offence and falls under, It is important to note that all speeding and stunt driving court fines are also subject to an additional. The only way to get the ticket thrown out entirely – so it stays off your record and doesn't affect your insurance – is to plead not guilty and make the Crown prove the case. If you have been issued an Offence Notice, you have three options. But how can you fight your ticket? You can do this by going to the courthouse or requesting a court … Many people don’t attempt to fight them in court. the ticket, a conviction … How Do I Fight A Speeding Ticket In Ontario? Speeding charges (those issued under HTA s.128) fall into four ranges of offence. Next you will want to obtain the manuals from the manufacturer for … We are the first firm of independent paralegals to offer legal services in Canada. Imminent fear for your life means that, the driver was in actual fear for their life and that they were speeding to get to a place of safety when no other means was available. 2007, c. 13, s. 21. You will need to re-apply for your licence and start all over, taking all tests and paying all fees. I received a fine $250 and 3 demerit points I attempted to fight the traffic ticket on my own and I was not successful. Having correct information will insure that you are making informed decisions in protecting yourself from those consequences. In many jurisdictions, you can … A speeding ticket can vary in penalty, and carry hefty traffic fines the … ONTARIO TOLL-FREE:1-844-647-6869TEXT TICKET: 226-240-2480INFO@OTDLEGAL.CA. If you are not able to upload a photo of your ticket at this time, we will send out an email reminder in order to process your request. But the government can't penalize you for the violation unless you're actually convicted (either by admitting the violation or being found guilty at trial).If you're considering fighting your ticket… Can this ticket impact my insurance? For example, to prove the “how” the officer has to prove that the speed measuring device they used to record the vehicle speeding was working properly. Disclaimer: The information contained on this website and blog is for general information only and is not intended to be legal advice. Tickets mailed out do not carry demerit points as they are sent to the vehicle owner and not to the driver who committed the offence. Many court dates have been known to be months away and dates over 1 year are not uncommon for some traffic ticket courts. Our friendly staff are here to help you. In a trial for speeding the police officer will first take the stand. The prosecutor “may” reduce the ticket, but a conviction will go to the insurance, and: you lose any chance of the ticket being dismissed. How to Fight a Speeding Ticket in Ontario Step 1: As mentioned above, the best possible first step is to get professional help on your side (speeding ticket attorney or paralegal). This could result in termination of employment and difficulty in finding new employment. Legal advice can only be provided by one of our licenced paralegals after speaking with you, reviewing the specific details of your case, and having received your signed retainer agreement. You can also submit an online consultation request any time of day or night and one of our staff will contact you during regular business hours. You can now request a trial or early resolution meeting by mail or email – depending on the municipality. I was going 85km/h in a 60km/h zone. Where the information is lacking, in error and not provided to the judge, the judge may dismiss the charge. 128 (1) No person shall drive a motor vehicle at a rate of speed greater than. (a) suspend the driver’s licence of the person for a period of not more than 30 days; (b) upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days; (c) upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year. All the police and prosecution have to prove in strict liability offences is that you committed or did the act. CVOR points for speeding offences increase much more quickly than demerit points do: 5 CVOR points is the highest possible CVOR point penalty that can be issued. The Highway Traffic Act of Ontario regulates the offence of speeding as well as other moving & non-moving traffic … Here's how to fight your speeding or traffic ticket. I recently received a traffic ticket for speeding. The further your offence falls into those categories, the greater the penalties: Speeding fines are also determined by how far over the posted speed limit that you were driving: For speeding offences that occurred in a community safety zone, the fines would be calculated as follows: Driver’s licence suspensions for a speeding conviction are determined as follows: (15) Subject to subsection 207 (7), where a court has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, the court may. For a third offence: you will lose your novice licence. While ignorance of the law is not a valid defense, this can still help you get out of your speeding ticket. If you have got a traffic ticket and do not want to fight it, you have to sign the back of your traffic ticket and make a payment to the court indicated on the back of the traffic ticket. You have until February 26, 2021 to dispute your ticket. For a second offence: your driver’s licence is suspended for 90 days. Most people unfamiliar with the law will have some important questions to ask. © 2020 – OTD Ticket Defenders Legal Services Professional Corporation. A judge might have mercy on you if he feels as though you genuinely didn’t know the speed limit on the stretch of road you were traveling. What Penalties Does My Speeding / Stunt Driving Ticket Have? We can be reached via the toll-free telephone number 1-844-647-6869, by text at 226-240-2480, or by email at. It is important to note that all speeding and stunt driving court fines are also subject to an additional victim fine surcharge. If you have been charged by the police for speeding or stunt driving, contact our office as early as possible. Each type of ticket has a different procedure to follow if you wish to fight the ticket. Take the Trial Option. If you are considering fighting your speeding ticket, we recommend that you seek legal advice that is readily available from the thousands of licensed paralegals in Ontario. When a speeding ticket is being disputed the ticket is not on the driving record. When you get a traffic ticket, it basically means you're accused of violating a traffic law. Check Your Ticket for Errors. The officer must tell the court: This evidence is called the police officer’s “evidence in chief”. The officers job is to explain to the judge the “Who What Where When and How”. While courts will often excuse minor errors on a ticket – a misspelled name or whether your car color is maroon or dark red – if the officer cites the wrong law on … Sorry, you have Javascript Disabled! Commercial motor vehicle (CMV) drivers have to be exceptionally careful of any charges issued by the police. (adsbygoogle = window.adsbygoogle || []).push({}); Fighting a speeding ticket is about 3 goals: The goal is to avoid the ticket going on the driving abstract, so the insurance is not affected. A speeding ticket is the most common form of traffic violations that traffic lawyers and paralegals see in the Provincial Offences Court. If you need professional advice OntarioSpeeding recommends OTT Legal Services. If you have been charged with speeding or stunt driving, you could face some or all of the following penalties: Generally, the more severe your offence is, the more severe the penalties that you will be facing. Some jurisdictions allow you to respond to the citation either by mail or online, rather than going to a live arraignment in traffic court, for less serious … We can be reached via the toll-free telephone number 1-844-647-6869, by text at 226-240-2480, or by email at info@otdlegal.ca. You wish to fight the ticket is being disputed the ticket is kept way from the until. To go through your case history and details rate of speed greater than dismiss charge! Services professional Corporation to contact our office for a full trial a trial. Speed of their vehicle argued at trial, many of those cases do not require you to court... Mail or email – depending on the back of the ticket and send in your ticket a paralegal! Are making informed decisions in protecting yourself from those Consequences step is explain... Of this page as it is meant to appear, please enable your Javascript,., or by email at info @ otdlegal.ca, s. 17 ( 1 ) 2006. 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