Speeding tickets in Ontario is a common concern for drivers. While every resident is familiar with the authority carried by police officers, what about peace officers? Their role in traffic law enforcement is confusing to a lot of drivers and whether they have the ability to issue speeding tickets or not is unclear to most.
In this article, we explore the legal basis of whether a peace officer can give a speeding ticket as well as how to fight your Ontario speeding ticket if you’ve been unfairly charged.
What Is A Peace Officer In Ontario?
A ‘peace officer’ is a broad term that can refer to several different persons as indicated in the Criminal Code of Canada.
- Licensed police officers from municipal, provincial, or federal forces
- Members of the Royal Canadian Mounted Police
- Special constables who have been appointed by the law
- Bylaw enforcement officers
Not all peace officers are authorized to enforce traffic laws. Only certain peace officers can issue speeding tickets and only under specific circumstances. All police officers are peace officers, but not all peace officers are police officers.
When Can A Peace Officer Issue A Speeding Ticket?
Peace officers in Ontario who are appointed under a specific legal framework are the only officers who can enforce provisions of the Highway Traffic Act.
Police Officers
All police officers have full authority to enforce all laws under the Act, including issuing speeding tickets.
Special Constables
Special constables may or may not be granted the authority to enforce traffic laws under specific agreements with your local police services.
Provincial Offences Officers
The Ministry of Transportation uses enforcement officers, in addition to other provincial offences officers, to issue tickets for commercial vehicle violations. Albeit rare, they may sometimes issue tickets for traffic infractions, such as speeding.
What You Should Do If You Receive A Ticket From A Peace Officer In Ontario
Connect with a speeding ticket paralegal for more information on where to start in defending yourself against a ticket. Before you do, however, here’s what you can do when you receive a ticket from an Ontario peace officer.
1. Review The Ticket Carefully
Have a close look at the ticket provided to you. Examine the information to see if it’s accurate. Review the date and time of the offence, location, speed recorded and speed limit, and the officer’s name and badge number.
2. Verify The Officer’s Authority
Confirm if the officer who issued the ticket had the legal authority to do so. This may involve contacting a traffic ticket paralegal for assistance.
3. Consider How You Will Respond
In its simplest answer, there are three potential ways to respond to receiving a traffic ticket.
- Pay The Fine: Always consult an OTD Legal speeding ticket paralegal if you are considering accepting the speeding ticket charges and paying the fine. By paying the fine, this is an admission of guilt. It can result in demerit points added to your driving record and even a license suspension. Contact us to schedule a free consultation. It’s recommended that you never just pay the fine to be done with the ticket – it is your legal right to contest any traffic ticket.
- Early Resolution (Fight the ticket yourself): Attend a court office and speak to a prosecutor to attempt to negotiate a lesser charge, lower fine, fewer demerit points, or make the argument to try to have the charges withdrawn. A paralegal can assist with this step and represent you. It’s important to note here that most drivers make many mistakes during this meeting with the prosecutor that lead to self incrimination and ultimately an unfavourable outcome. It should also be noted that choosing this option does not mean you give up your right to a trial.
- Conducting a Trial: Contact OTD Legal to better understand your legal options and the process for fighting a ticket at trial. Don’t give in and simply pay your Ontario speeding ticket fines. Enforce your rights and get the best possible long-term outcome.
How OTD Legal Can Help You Challenge A Speeding Ticket In Ontario
In a free consultation, OTD Legal will sit with you and hear the details of your speeding ticket case. A paralegal can look into whether the speeding ticket was issued incorrectly or if the peace officer lacked authority.
When you speak with one of our speeding ticket paralegals or lawyers, understand that we specialize in overcoming these charges. A paralegal can provide guidance on the best course of action to take in response to a speeding ticket charge.
Our legal team will take every opportunity to look into the evidence the peace officer intends to present in court and identify weaknesses.
A peace officer may not have followed proper procedures, the speeding ticket may have been issued incorrectly, or there may be any of several issues at play that could get your charges reduced or dismissed entirely.
If it gets to the point of presenting your case in court during a trial, our speeding ticket paralegals will be there and prepared to defend your rights.
Book A Speeding Ticket Consultation With A Traffic Ticket Paralegal At OTD Legal
Contact us at OTD Legal to get set up with a free no-obligation consultation.
We will assist you to fully understand your rights and responsibilities with respect to a speeding ticket given by a peace officer.
The authority of a peace officer is limited. When you connect with a paralegal, you stand to protect your driving record and can make better informed decisions when dealing with traffic offences. With your paralegal, the team at OTD Legal will explore the authority of peace officers, explain driver rights, and verify that the ticket they issued is in fact valid.
Have you been charged with a traffic violation from a peace officer? Talk to a speeding ticket paralegal today at OTD Legal.
Frequently Asked Questions
What should I do when I receive a speeding ticket from a peace officer?
Treat a peace officer with the same respect as you would a police officer. If they stop your vehicle, stay calm and not aggressive. Provide the officer with your driver’s license, vehicle registration, and insurance.
Should I fight a speeding ticket from a peace officer or simply pay the fine?
It is often wise to fight the ticket. It’s your right under Ontario law to fight any speeding ticket you receive. Pursue whichever avenues are available to prevent a conviction and avoid a speeding ticket from being added to your driving record.
Can I ignore a speeding ticket issued by a peace officer?
Never ignore a speeding ticket. You have 15 days to respond or the ticket will be considered uncontested and you will be convicted. If you are convicted, you then have limited time to pay the fine. If you do not pay the fine by the deadline, you risk your license being suspended. With regards to speeding tickets, make the decision to either pay the fine or fight the traffic ticket. Either way, never ignore a speeding ticket.
What if I find errors on my traffic ticket from a peace officer?
A peace officer may knowingly make errors on a traffic ticket, such as reducing the amount of speed put on the ticket. A peace officer may reduce a ticket to encourage you not to fight the ticket in court. This may be because the peace officer is not qualified or permitted to give a traffic ticket, or they don’t like appearing in court.
