Speeding is the most common type of traffic ticket. However, though speeding may be a common offence, having a speeding conviction can be detrimental to driver records and insurance.
Demerit points for speeding
With speeding, the penalties get progressively more severe depending on the speed. Here’s the breakdown of speeding demerit points as it is set in the regulation:
- 15 km/hr over 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 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 can’t, of course, 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 an appointment of monumental importance. 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.
So while it may be polite to show you the reading, failing to do so is not a violation of your rights and will not stand as a defence in court.
There are several defences available to someone charged with speeding in Ontario.
A common one, for example, is that the officer did check that the radar equipment was properly functioning or maintained. This defence requires careful consideration of the disclosure (police officer’s notes). It is necessary to see whether everything was, indeed, done properly. The police is under obligation to provide this disclosure upon request through the prosecutor’s office.
Finally, you must carefully weigh the risk of going to trial versus negotiating some other deal.
- While an outcome of a settlement 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, fine and 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.
