Summons to Appear for Speeding

A “Summons to Appear” is one of three different types of traffic tickets, police officers can issue to drivers:

• a ticket with a fine on it, Part One Provincial Offences Notice.
• a summons to appear in court, Part One Provincial Offence Summons.
• a summons to appear in court, Part Three Provincial Offence Summons.

Each type of ticket has rules or limitations that the officer must abide by.

A police officer can issue a summons to appear in court when:

• speed is high or the situation is grievous
• officer believes the driver should appear before a Judge
• no out of court settlement for the amount of the speed
• offence date happened more than 30 days earlier, and
  • procedurally the officer has to use the summons

Where a driver has been giving a summons to appear in court the driver or their legal representative must appear.

Where the driver does not respond to a summons, a judge can order that the defendant be arrested and held in custody (jail) until the driver can be brought before the court.

The difference between the tickets is in the amount of the penalty that the judge may give the driver in traffic court, including a drivers licence suspension.

Part One Offence – Offence Notice

Traffic tickets issued under part one of the Provincial Offences Act of Ontario.

• most common type of speeding ticket
• penalty is the fine listed on the ticket
• must appear at the court and apply for a court date
• can pay the ticket and not appear in court if they wish
• demerit points are associated to the speed

Part One Offence – Summons to Appear

• has a court date on it
• must appear in court
• rarely given out by police officers
• maximum fine the judge can give is 500 dollars
• has the demerit points associated to the speed
• possible licence suspension for speeds over 50km/h

Part Three Offence – Summons to Appear

• has a court date on it
• driver or agent must appear in court
• demerit points are associated to the speed
• possible licence suspension for up to two (2) years
• maximum fine the judge can give is 12 dollars per kilometre over the limit

Summons to appear in court are usually given for speeds over 50km/h or offences in Community Safety Zones, and stunt driving charges.