Speeding is the most common type of traffic ticket. However, though speeding ticket may be a common offence, having a speeding conviction can be detrimental to a driver’s record and insurance.
Demerit points for a speeding ticket.
With speeding, the penalties get progressively more severe depending on the speed. Here’s the breakdown of speeding demerit points as set in the regulation:
- 15 km/hr over the limit or less – no demerit points
- Between 16 and 29 km/hr over the limit – three demerit points
- Between 30 and 49 km/hr over the limit – four demerit points
- Speeding 50 km/hr over the limit, or more, is likely to result in the accusation of street racing with six points. You can learn more about that here.
Options to dispute.
As always, these penalties, and especially the demerit points, make fighting your speeding ticket a necessity. Once you do decide to fight the ticket, however, you face several procedural options. Two of the most common options are
- Going to trial or
- Settling it with the prosecutor so you get some lesser charge.
Below are some key considerations to weigh in exploring your options.
What option to choose?
Every traffic offence case has its own factors to weigh individually. The information below, of course, cannot provide comprehensive guidance for each case. However, it may help to decide on the best option:
Speeding is an absolute liability offence.
This means that it does not matter why you were speeding. It is irrelevant whether it was to get someone to the hospital or to avoid being late for a monumental appointment. If the prosecution proves that you were speeding, you will be convicted. So, the reasons for your excessive speed, however important they may have been, are not a defence in court.
The police officer has no obligation to show you the radar output, even if you ask.
While it may be polite to show you the reading, failing to do so is not a violation of your rights and will not constitute a defence in court.
There are several defences available to someone charged with speeding in Ontario.
A typical example is that the officer did not verify that the radar equipment was properly functioning or properly maintained. This defence requires careful consideration of the disclosure (police officer’s notes). It is necessary to verify whether everything was indeed appropriately done. The police are obligated to provide this disclosure upon request through the prosecutor’s office.
Finally, you must carefully weigh the risk of going to trial against negotiating an alternative deal.
- While a settlement outcome is certain, a trial always carries some risk.
- If a trial is lost, you will face a conviction of speeding as you were charged with all demerit points, a fine and a record.
- If you were not speeding and did intend to go for trial, it is best to have the chance of success at trial professionally assessed. You should consider whether the risk of losing it and being convicted of speeding is acceptable to you.
Deciding whether or not to go for trial on a speeding ticket is always up to you. However, if you are considering going for a trial, be sure that you or your representative has carefully assessed the above factors, as well as your particular circumstances.
