How To Fight A Traffic Ticket In Ontario

Getting pulled over and a police officer issuing you a traffic ticket is never a good feeling. Whether it’s a speeding ticket, or a careless driving ticket, it’s important to understand your rights and options. With the right approach and the support of legal services, you will give yourself the best step forward in effectively exercising your rights and fighting your ticket. Let’s walk through the steps on how to fight a traffic ticket in Ontario, focusing on how to protect your driving record, minimize insurance rate increases, and possibly avoid license suspensions.

Options For Fighting Your Ticket

Option 1: Pleading Guilty

• Immediate Consequences: Choosing to plead guilty to a traffic ticket means you are accepting responsibility for the offence. This leads to the full cost of the fine, demerit points, and, depending on the offence, license suspensions. For example, a speeding ticket in a community safety zone could have more severe penalties.
• Insurance Impact: Admitting guilt will lead to increased insurance premiums. Insurance companies closely monitor your driving record for any convictions, including those for speeding, careless driving, and other traffic tickets, adjusting your rates higher as you become a greater risk to the insurance company.
• Things To Consider: Before choosing to plead guilty, especially to charges like stunt driving or speeding offences over the posted speed limit, it’s important to understand the long term possibility of additional penalties beyond the immediate fine and demerit points.

Option 2: Early Resolution Meeting with the Prosecutor

• Negotiation: An early resolution meeting offers a chance to discuss and negotiate with the prosecutor for a lesser charge, which might still affect your insurance rates but could result in a reduction of demerit points and potentially avoid a license suspension. This process is particularly relevant for offences like careless driving or regular speeding, where there’s some discretion in how the law is applied.
• Risks: While there’s a chance of reducing your penalties, starting negotiations without a clear understanding of the legal technicalities and your rights can be risky. You may end up with a conviction that still affects your auto insurance and your driving record. Experienced paralegals or a legal representative who understands the nuances of the Provincial Offences Act can advocate on your behalf to achieve the best possible outcome for your case.

Option 3: Opting for a Trial

• Preparation: Preparing for any court date or trial requires gathering comprehensive evidence and a deep understanding of the specific charges and case. This might involve collecting witness statements, or expert assessments, particularly if disputing speed measuring device accuracy or posted speed limit signage clarity.
• Legal Representation: The complexity of traffic court proceedings cannot be understated. Having a licensed paralegal or legal representative with expertise in traffic tickets and speeding offences can significantly enhance your chances of a successful outcome. They can navigate court procedures, plea bargains, and trial dynamics, making sure your case is presented as best as possible.
• Technicalities: Many traffic ticket cases hinge on legal technicalities. Incorrect ticket details, procedural errors in evidence collection, or the improper use of speed measuring devices by the police officer can all lead to a dismissal of charges. An experienced paralegal can identify these technicalities and use them to your advantage.