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:
- 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.
- 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 If the Officer does not show, the charge is usually withdrawn, so check whether or not they are there before you negotiate any resolution.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 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)
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)
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
Guide for Defendants: http://www.ontariocourts.ca/ocj/self-represented-parties/guide-for-defendants-in-provincial-offences-cases/guide/
Resources by a trial lawyer, available online:
Trial Book Trial Manual Trial Checklist Trial Forms
If you would like legal advice from an experienced trial lawyer:
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This website and all resources are trial information, not trial legal advice.
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