Fighting Speeding Tickets
Fighting speeding tickets takes time and effort. You may consider hiring a professional paralegal or ticket fighter to look after your tickets.
Despite what other websites or people may tell you, not all speeding tickets are winnable.
Fighting your speeding ticket is not only about actually winning the ticket but about reducing the impact of the ticket in regards to;
- the affect on insurance rates
- any licence suspensions
- the demerit points
- the amount of the fine
Keeping the Speeding Ticket off your Insurance
It is important to keep the speeding ticket off of your driving record and insurance as long as possible to avoid possible insurance increases.
Drivers who just pay any ticket find that the ticket goes immediately on the driving record for three (3) years and can affect the insurance rates on the next renewal.
When the ticket is taken to court and a trial date is requested, insurance implications and demerit points are delayed until after the trial date which can be up to a year away.
Fighting Your Speeding Ticket
A speeding ticket is called a “Strict Liability Offence”, which means that the police and prosecution do not have to prove why or that you meant to speed, only that you did speed.
All the police and prosecution have to prove in strict liability offences is that you committed the act. In a strict liability offence the police only have to prove that you were speeding. You cannot defend yourself by saying you didn’t intend to speed, you had no intent to speed or that you had a reason for speeding.
A driver cannot come to traffic court and make a defence for speeding by saying it was a mistake, error or give an explanation for the speed and expect the justice to cancel the ticket.
The driver is always responsible for the speed of their vehicle.
The Two (2) Defences to Speeding
There are only two legal defences to speeding;
- Rushing someone to the hospital to save their life when it is impracticable to call an ambulance or police
- Imminent fear for your life and you are speeding to go to a place of safety, e.g. the police station
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.
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. 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.
As it may appear, defences to speeding are very limited. The police and prosecution have to prove the speeding ticket to the court beyond a reasonable doubt.
Fighting the Speeding Ticket
Following a flow chart of a logical process may help you fight your speeding ticket.
Examine the speeding ticket and know what you’re talking about;
Does your speeding ticket have a fine on it, or is it a summons to appear in court?
These are two totally different types of tickets that have a different process.
Make sure you understand what type of ticket you have and the process to follow in your defence.
Speeding Ticket with a Fine
A speeding ticket with a fine on it is called an “Offence Notice”. The ticket is issued under Part One of the Ontario Provincial Offences Act.
The ticket should not have any fatal errors on it, and if it does have a fatal error you should understand how to deal with it.
Just showing up in court and saying your ticket has an error will not get it canceled. With errors on speeding tickets the courts are allowed to fix mistakes in some cases.
Legal Advice for Speeding Tickets
Are you going to fight the speeding ticket yourself or are you going to get professional help?
If you decide to fight the ticket yourself, it is best to take the time and effort to educate yourself.
Sometimes there is an advantage to having a qualified legal representative fight the ticket for you;
- You save your time.
- You save having to educate yourself about how to fight a speeding ticket.
- The paralegal knows the legal arguments and how to present them.
- The paralegal has experience and a background with the court.
If you do decide that you are going to have a professional help you, then make sure they are experienced and qualified in traffic court.
The Ontario colleges put out about 1000 new paralegals every year and you do not want someone who is straight out of school with no experience defending you.
Speeding Ticket Penalties
- Demerit Points for Speeding
- Insurance & Speeding Tickets
- Suspensions for Speeding
- Stunt Driving & Speeding
- List of Fines for Speeding
Fighting Speeding Tickets
- Options for Speeding Tickets
- Court Dates & Delays
- Fighting Your Speeding Ticket
- Speeding Legal Arguments
- Disclosure for Speeding Tickets
- Errors on Speeding Tickets
Speeding Ticket Resources
- Speeding Ticket Case Law
- FAQs for Speeding Tickets
- Stunt Driving & Speeding
- Speeding Legal Definitions
- File Speeding Ticket Online
- Ontario Driver Abstracts
The information provided within this website is the property of OntarioSpeeding.com and is protected by copyright law. Any distribution or reproduction in any way, shape, means or manner is expressly prohibited by law without the the prior written consent of the owner(s) of the copyright. This site is for information only and is not meant to replace qualified legal advice. The application and interpretation of law is constantly changing the writers shall not be held responsible for any information that may be incorrect or out of date. The owners of this website recommend that anyone wishing to fight a speeding ticket in court obtain qualified legal advice before doing so.