Trial Counsel for Law Firms

Speeding Ticket Trials

If you’re a lawyer, you’ve probably had family and friends tell you they’ve got a speeding ticket and what should they do.

If you’re a family member or friend of a lawyer with a speeding ticket, you may be searching for answers online.

Here’s some information, not legal advice, for speeding ticket trials:

 

The Stop

  • If pulled over, don’t give a statement to the Officer.       Don’t answer questions about your speed or any other potential violation(s).

 

Fight the Ticket

  • Fight all speeding / traffic tickets. If given the option, indicate that you intend to challenge the Officer’s evidence at trial.
  • Keep in mind insurance implications, which are usually more important than the fine or demerit points.

 

Get Ready for Trial

  • Request disclosure in writing as soon as you receive your notice of trial. There is usually a form you can get from the Prosecutor’s office.
  • Consider making a Charter application as it could provide a full defence.

 

Plea Negotiations

  • Prosecutors routinely offer deals involving pleading guilty to a lower rate of speed or a lesser charge. This can be done at an early resolution meeting or the day of trial. If the Officer does not show, the charge is usually withdrawn, so check whether or not they are there before you negotiate any resolution.

 

The Trial

  • The essential elements of the offence that must be proven beyond a reasonable doubt are: date, place, posted speed, identification of the driver and the speed of the motor vehicle.
  • If the Officer does not give testimony on an essential element, bring a motion for non-suit (dismissal) after the Officer testifies and before you or any witnesses you have testify.
  • You do not have to testify, it is a Charter right not to.
  • If a speed measuring device (radar, laser, etc.) is used, question the Officer on their qualifications and experience as well as the maintenance of the device and testing done before and after the alleged speeding offence.
  • This is a strict liability offence, so the driver’s intention is irrelevant.

 

Fines (excluding Court costs and victim impact surcharge)

Speed                                                             Fine

1 to 19 km/h over                                           $2.50 per km/h over

20 to 29 km/h over                                        $3.75 per km/h over

30 to 49 km/h over                                        $6.00 per km/h over

50 km/ over or more                                      No out of Court settlement

 

Demerit Points (stay on record for 2 years, things get interesting over 9 points)

Speed                                                             Points

1 to 15 km/h over                                            0

16 to 29 km/h over                                         3

30 to 49 km/h over                                        4

50 km/h or more over                                   6

 

Useful Links

HTA: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm

POA: https://www.ontario.ca/laws/statute/90p33?search=provincial+offences+act

Demerit Points: http://www.ontario.ca/driving-and-roads/understanding-demerit-points

Guide for Defendants: http://www.ontariocourts.ca/ocj/self-represented-parties/guide-for-defendants-in-provincial-offences-cases/guide/

 

This article is courtesy of the Ontario Civil Trial Manual

Click here for the Ontario Civil Trial Manual

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