Fighting Speeding Tickets
Can You Fight & Win Your Speeding Ticket?
Fighting your speeding ticket is about three goals:
- reducing the impact of a ticket
- delaying any impact of the ticket, and
- winning the ticket and keeping it off the driving record permanently
Not all speeding tickets are winnable but you can reduce the impact and affect on your insurance and driving record. By fighting your ticket you’ll:
- reduce the affect on insurance rates
- avoid any licence suspensions
- save or reduce any demerit points
- reduce or save the fine
If you need professional advice OntarioSpeeding recommends OTT Legal Services.
Keeping the Speeding Ticket off your Insurance
The goal is to keep the speeding ticket off your driving record and way from the insurance company.
When the ticket is taken to court and a trial date is requested, the insurance implications and demerit points are delayed until after the trial date which can be up to a year away.
Drivers who just pay, learn that the ticket goes immediately on the driving record for three (3) years and can affect the insurance rates on the next renewal.
Fighting Your Speeding Ticket
In legal terms 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, or intended to speed
- only that you did drive faster than the speed limit
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 or explanation 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.
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.
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:
- is the officers name “printed” at the top of the ticket
- is the date of offence and time proper
- is the driver properly identified on the ticket
- is the location and municipality properly specified
- is the offence specified properly
- is the section number and Highway Traffic Act on the ticket
- is the fine the correct amount
- did the officer sign the ticket
Many of these issues are considered the essential elements of the charge that the prosecution must prove to convict a driver of speeding. Where the information is lacking, in error and not provided to the judge, the judge may dismiss the charge.
Speeding Ticket Trials
In a trial for speeding the police officer will first take the stand. The officers job is to explain to the judge the “Who What Where When and How”.
The officer must explain to the justice how they recorded the driver speeding. The officer must tell the court:
- 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
This evidence is called the police officer’s “evidence in chief”.
Speeding Ticket Professionals
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.
OntarioSpeeding recommends OTT Legal as one of the highest reviewed speeding ticket paralegal firms in Ontario.