128 (1) No person shall drive a motor vehicle at a rate of speed greater than. The Highway Traffic Act of Ontario regulates the offence of speeding as well as other moving & non-moving traffic … 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. A CMV driver’s driving record is literally their resume. determined by how far over the posted speed limit. Though some people might not give a second thought to paying off the infraction, traffic tickets … Tell us where were you received the ticket, 2. 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. I received a fine $250 and 3 demerit points I attempted to fight the traffic ticket on my own and I was not successful. How Do I Fight A Speeding Ticket In Ontario? What Are The Consequences Of A Traffic Ticket Conviction? 2007, c. 13, s. 21. Many court dates have been known to be months away and dates over 1 year are not uncommon for some traffic ticket courts. 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. If you are facing serious Speeding tickets in Ontario, getting the opinion of a legal professional can help you make your decision. 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. get a conviction to the charge. Next you will want to obtain the manuals from the manufacturer for … You will also lose any time discount you earned, any time you were credited, and any fees you have paid. In Ontario, speeding charges fall under Highway Traffic Act section 128. For a second offence: your driver’s licence is suspended for 90 days. 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. Stunt Driving offences carry much more severe penalties compared to a simple speeding offence. Speeding tickets are one of the most common traffic tickets that are issued 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. 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. But how can you fight your ticket? That saves you time, money, and stress. 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). Due to frustration I hired a paralegal to fight the traffic ticket … If I’m a professional truck driver, will this ticket impact my employer and my employment? © 2020 – OTD Ticket Defenders Legal Services Professional Corporation. Of those cases that do get argued at trial, many of those cases do not require you to attend court. In affect the ticket is kept way from the insurance until the next renewal date. Speeding charges (those issued under HTA s.128) fall into four ranges of offence. 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 … D, s. 4 (1). I recently received a traffic ticket for speeding. To see this page as it is meant to appear, please enable your Javascript! For a third offence: you will lose your novice licence. 2007, c. 13, s. 21. While fighting your ticket … B, s. 6 (2); 2006, c. 32, Sched. The prosecutor “may” reduce the ticket, but a conviction will go to the insurance, and: you lose any chance of the ticket being dismissed. Do not go to the courthouse. While ignorance of the law is not a valid defense, this can still help you get out of your speeding ticket. What Should I Do If I Get A Speeding Or Stunt Driving Ticket? Check Your Ticket for Errors. 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. First, you can sign the ticket … 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. 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… The insurance implications and demerit points are delayed until AFTER any court date. This fact alone will … How will this impact my driver’s licence? How to fight a speeding ticket What you need to know about speed limits and speeding tickets. Most people unfamiliar with the law will have some important questions to ask. 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. 2005, c. 26, Sched. You’ve received a speeding ticket, now you’re trying to decide whether to pay or fight it. There are thousands of traffic tickets issued every year across Ontario for speeding. Conclusion. Next Post: How To Fight An Ontario Cell Phone Ticket. The use of this website or submission of an inquiry does not constitute a paralegal-client relationship nor having retained our legal representation. 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. ONTARIO TOLL-FREE:1-844-647-6869TEXT TICKET: 226-240-2480INFO@OTDLEGAL.CA. In many jurisdictions, you can … 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. We hope to provide some help and clarification. Where you cannot win the ticket, delaying a conviction reduces and delays any impact on insurance. You can do this by going to the courthouse or requesting a court … 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. 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. Many people don’t attempt to fight them in court. Plead by mail or online, if possible. You can ignore ticket … Why Fighting a Speeding or Any Other Traffic Ticket is Sometimes Necessary Everyday Ontario drivers across the province receive speeding and other traffic tickets. 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. What Penalties Does My Speeding / Stunt Driving Ticket Have? Commercial motor vehicle (CMV) drivers have to be exceptionally careful of any charges issued by the police. When a speeding ticket is being disputed the ticket is not on the driving record. Take the Trial Option. Offence Notices are the most common type of traffic ticket. 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. You must select Option 3 on the back of the ticket and send in your ticket. Traffic Ticket Lawyer » How Do I Fight A Speeding Ticket In Ontario? Our friendly staff are here to help you. You can now request a trial or early resolution meeting by mail or email – depending on the municipality. 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. The first step is to contact our office for a no-cost, no-obligation initial consultation to go through your case history and details. 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. Consider traffic school. When you get a traffic ticket, it basically means you're accused of violating a traffic law. 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. First, select Option 3 on the back of the ticket and schedule a trial. Speeding can sometimes lie in a grey area since, and there are a host of other factors that can make a speeding ticket unwarranted. 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 Speeding Tickets. 1. Having correct information will insure that you are making informed decisions in protecting yourself from those consequences. Fighting speeding tickets takes time and effort – here’s how…. If you have been issued an Offence Notice, you have three options. There are two main ways that the police can charge you with a speeding offence. I only have a novice driver’s licence, will I face greater penalties? The easiest and least stressful way to fight your speeding ticket is through a licenced paralegal that knows the law and the court process. 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. Where the information is lacking, in error and not provided to the judge, the judge may dismiss the charge. Get the Manufacture’s Manuals. You will need to re-apply for your licence and start all over, taking all tests and paying all fees. 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. 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. 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. In a trial for speeding the police officer will first take the stand. the conviction will affect your insurance rates. 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. Your legal representative can attend court on your behalf without your needing to miss attending work or school. 2005, c. 26, Sched. The fastest speed any motorist in Ontario can travel legally is 100 km/h. 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. The Mavericks team has years of experience dealing with Ontario Speeding tickets, and can help fight, and win your speeding ticket … Explanations, explaining why the driver did the act are not defences to speeding. Offence Notice. Depending on the municipality, you can now request a trial or early … Provide us with contact and any additional information. The good news is that most charges issued by the police can be resolved without the need for a full trial. Z. Any information provided is confidential and is used solely to assist you. 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. You have until February 26, 2021 to dispute your ticket. A, s. 17 (9). Being Honest with Yourself. (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. 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. 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. 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. We can be reached via the toll-free telephone number 1-844-647-6869, by text at 226-240-2480, or by email at. Trials for provincial offences are being rescheduled. Posted under Speeding, CVOR Points, Demerit Points, Professional Truck Drivers, Speed Measuring Devices, Traffic Ticket Defence. 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. It is important to note that all speeding and stunt driving court fines are also subject to an additional victim fine surcharge. Previous Post: What Are The Consequences Of A Traffic Ticket Conviction? We are the first firm of independent paralegals to offer legal services in Canada. How Many CVOR Points Does My Speeding Ticket Have? Many times court dates are delayed months and even years. 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. any time of day or night and one of our staff will contact you during regular business hours. You have until February 26, 2021 to dispute your ticket. Part of the reason is unawareness about legal rights, … If you have been charged by the police for speeding or stunt driving, contact our office as early as possible. Disclaimer: The information contained on this website and blog is for general information only and is not intended to be legal advice. The officer must explain to the justice how they recorded the driver speeding. This could result in termination of employment and difficulty in finding new employment. 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. Argue that Your Driving Was Justified. A, s. 17 (1); 2006, c. 11, Sched. The officer must tell the court: This evidence is called the police officer’s “evidence in chief”. 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. Some Court Services counters are open … How to fight a ticket. Sorry, you have Javascript Disabled! 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