Is it Worth Fighting a Speeding Ticket in Ontario
A common misconception shared by tens of thousands of Canadian drivers within the province is that it’s not worth fighting a speeding ticket in Ontario due to a variety of reasons. Most people think it’s not worth the time, or that speeding radars are 100% accurate, however both are not necessarily true.
In this blog post, the team at Legal Action will explore why it is worth fighting a speeding ticket in Ontario, how to prepare for fighting a speeding ticket, and the penalties associated with speeding tickets in the province of Ontario.
Speeding Penalties in Ontario
When a driver is charged with a speeding ticket, the penalties can vary significantly depending on how much over the speed limit they were driving. The fines are typically calculated per kilometer per hour over the speed limit (As of June 2020), with the amounts escalating as the speed increases. Here's a breakdown of the potential penalties:
Less than 20 Kilometers per Hour Over the Speed Limit
- Fine per kilometer per hour over the limit: $3.00
- Example: If a driver is 15 kilometers per hour over the speed limit, the fine would be 15 * $3.00 = $45.00.
20 to Less than 30 Kilometers per Hour Over the Speed Limit
- Fine per kilometer per hour over the limit: $4.50
- Example: If a driver is 25 kilometers per hour over the speed limit, the fine would be 25 * $4.50 = $112.50.
30 to Less than 50 Kilometers per Hour Over the Speed Limit
- Fine per kilometer per hour over the limit: $7.00
- Example: If a driver is 35 kilometers per hour over the speed limit, the fine would be 35 * $7.00 = $245.00.
50 Kilometers per Hour or More Over the Speed Limit
- Fine per kilometer per hour over the limit: $9.75
- Example: If a driver is 55 kilometers per hour over the speed limit, the fine would be 55 * $9.75 = $536.25.
Additional Penalties
Apart from the monetary fines, drivers may also face additional penalties depending on the severity of the offense and local laws. These can include:
- Points on the Driver’s License: Accumulating points can lead to higher insurance premiums and, if enough points are accrued, suspension or revocation of the driver’s license.
- Court Appearance: In some cases, particularly for high-speed violations, the driver may be required to appear in court.
- Driving Courses: A conviction may require offenders to attend a driver improvement course.
- Increased Insurance Rates: Insurance companies may increase premiums following a speeding ticket, especially for significant violations. Below we will expand on the potential impact that speeding tickets in Ontario have on insurance rates.
Ontario Speeding Ticket’s Impact on Insurance Rates
Your insurance premium is influenced by numerous factors, including your driving experience, location, age, and vehicle type. Drivers in Ontario can likely expect a 10% increase on insurance premiums if a car insurance company decides to raise premiums after a speeding ticket conviction.
However, your driving history is a major component: a clean record typically means a lower premium. While the government advises that a single minor infraction shouldn’t impact your rates, this isn't a guarantee — your insurer may still increase your premium for even one minor ticket.
Typically, having two tickets around a three-year time frame, regardless of their severity, can lead to higher premiums. Each insurance company, subject to regulatory approval, applies its own criteria and standards to assess speeding tickets and other traffic violations.
Reasons Why You Should Battle Speeding Tickets
Avoid Higher Insurance Premiums
A speeding ticket can significantly increase your insurance premiums. By contesting the ticket, you might get it dismissed or reduced, which can help keep your insurance costs down.
Prevent Accumulation of Points on Your License
Accumulating points on your driving record can lead to severe consequences, including license suspension. Fighting a speeding ticket can help you avoid these points, maintaining a clean driving record.
Reduce or Eliminate Fines
Speeding tickets come with hefty fines that can be financially burdensome. Contesting the ticket may result in a reduction or elimination of these fines, saving you money.
Protect Your Driving Record
A clean driving record is crucial for various reasons, including employment opportunities and insurance benefits. Successfully contesting a speeding ticket helps keep your record unblemished.
Challenge Potential Errors
Mistakes can happen during traffic stops. Radar and laser guns might be miscalibrated, or the officer might have made an error in judgment. By contesting the ticket, you have the opportunity to challenge these potential errors.
Exercise Your Legal Rights
Everyone has the right to contest a speeding ticket. Utilizing this right ensures that you are not unfairly penalized and that due process is followed.
Avoid Traffic School
In some cases, a speeding ticket might require you to attend traffic school. Contesting the ticket could help you avoid this inconvenience and save time.
Potential for Case Dismissal
There is always a possibility that the ticket could be dismissed due to lack of evidence, procedural errors, or the absence of the issuing officer in court. This would completely absolve you of the charges.
How to Prepare for Fighting a Speeding Ticket in Ontario
Review the Ticket Thoroughly
Carefully read your speeding ticket to understand the charges against you. Check for any errors or discrepancies, such as incorrect date, time, location, or vehicle information. These mistakes can be valuable in contesting the ticket.
Request Disclosure
You have the right to request disclosure, which includes all the evidence the prosecution has against you. This can include the officer’s notes, radar gun calibration records, and any other relevant documents. Reviewing this information can help you identify weaknesses in the case against you.
Understand the Law
Familiarize yourself with Ontario’s traffic laws and regulations related to speeding. Understanding the legal framework can help you build a stronger defense and identify any potential legal loopholes or defenses.
Consider Hiring a Paralegal
While you can represent yourself in traffic court, hiring a paralegal who specializes in traffic violations can significantly improve your chances of success. They can provide expert advice, represent you in court, and help you navigate the legal process.
Gather Evidence
Collect any evidence that supports your case. This can include photographs of the location where you were ticketed, witness statements, or any other relevant documentation. Evidence that challenges the accuracy of the radar or laser device used can be particularly effective.
Prepare Your Testimony
Plan what you will say in court. Be honest, clear, and concise. Practice your testimony to ensure you present your case confidently and effectively. Highlight any factors that may have contributed to the alleged speeding, such as road conditions, weather, or signage issues.
Examine the Officer’s Conduct
Consider whether the officer followed proper procedures when issuing the ticket. Any deviation from standard protocol can be grounds for contesting the ticket. For instance, if the officer did not properly identify themselves or failed to provide a clear explanation of the violation, this could work in your favor.
Look for Witnesses
If there were passengers in your vehicle or other witnesses to the event, ask them to testify on your behalf. Their statements can corroborate your version of events and provide additional credibility to your defense.
Attend the Pre-Trial Meeting
In Ontario, you may have the option to attend a pre-trial meeting with the prosecutor. This can be an opportunity to negotiate a reduced charge or penalty. Be prepared to discuss your case and present any mitigating factors.
Prepare for Court
Ensure you are ready for your court date. Dress appropriately and arrive early. Bring all your evidence, documents, and any other materials you need to present your case. Stay calm and respectful throughout the proceedings.
Partner with Legal Action to Fight Your Speeding Tickets
If you've received a speeding ticket in Ontario, contact the highly experienced, licensed, and insured paralegal team at Legal Action. With an in-depth working knowledge of Ontario's court system and a solid track record of successfully fighting speeding tickets and other related cases for our clients, contact us for a free consultation.
