Understanding the Speeding Laws in Ontario

A Brief Introduction

Speeding laws in Ontario are put in place with the principal objective of ensuring road safety. Understanding the ins and outs of these traffic laws is integral if you have received a speeding ticket and intend on contesting it. According to the Highway Traffic Act in Ontario, exceeding the maximum speed limit by even a single kilometer is considered an offence. The severity of the fines and penalties escalates with the degree to which you have exceeded the speed limit.

The Structure of Speeding Fines

Speeding fines in Ontario are formulated using a tiered system. For instance, exceeding the speed limit by 20km/hour or less can attract a fine of $2.50 per kilometer over the limit. As the level of excess increases, so does the ticket cost. If you are caught speeding 50km/hour over the speed limit, profits escalate drastically, and it’s no longer a simple traffic ticket – it is considered stunt driving, a very serious charge that could result in severe penalties.

Demerit Points for Speeding

Derive points system in Ontario correlates the speed limit violation to a particular point penalty. This system serves to deter drivers from habitual speeding. If you accumulate enough demerit points, they can result in additional penalties such as a suspended licensee. Knowing how these points are calculated can help in formulating a defense strategy.

How to Contest a Speeding Ticket in Ontario

Determine the Basis of the Challenge

The first step in fighting a speeding ticket in Ontario is to identify the grounds on which you will be challenging the ticket. Ordinarily, the most common ground involves a dispute over the accuracy of the speed measurement. Other potential arguments include the inappropriate calibration of the speed detection device, discrepancies in the traffic officer's testimony, or the presence of mitigating circumstances.

Engage a Traffic Ticket Professional or Lawyer

Retaining the services of an experienced traffic lawyer can significantly enhance the chances of successfully arguing your case in court. These professionals have intricate knowledge of the traffic laws in Ontario and can present a robust counter-argument to the ticket officer's testimony. They can also guide you through the court procedures and provide expert advice that can tilt the balance of the case in your favor.

Select the Trial Option

To fight the speeding ticket, you will need to opt for a trial. In this process, you will be challenging the Provincial Offences Officer's evidence in a formal court setting. During the trial, presenting a solid argument is the key to success. Ideally, this involves demonstrating reasonable doubt concerning the accuracy of the speed measurement device, or showing that the officer did not follow the proper procedures.

Opt for Early Resolution Meetings

The Process of Early Resolution Meetings

If you choose to fight your speeding ticket in Ontario, the early resolution meeting can be an ideal time to negotiate. In this meeting, you’ll primarily negotiate with the prosecutor to have the ticketed fine and/or demerit points reduced. An adept traffic ticket lawyer can make this process smoother and more successful by utilizing their negotiation skills.

Benefits of Early Resolution Meetings

Early resolution meetings can save you the trouble of going to court, and may result in a lower fine and fewer demerit points. Generally, prosecutors are open to negotiations if you can present a convincing argument backed by solid evidence. Typically, your attorney will discuss potential constitutional issues, the likely outcome if the case were to go to trial, and the resources that would be saved by resolving the case early.

Steps Following an Early Resolution Meeting

Following an early resolution meeting, if you are unhappy with the result or if the prosecutor does not agree to reduce the charge, you have the option to schedule a trial. The trial date will usually be several months in the future, giving you ample time to prepare for the hearing. A skilled traffic attorney can help you gather evidence, prepare your defense, and craft a compelling argument to present in court.