When and why should I fight a traffic ticket?

How many points will I lose for this offence? These examples are for Ontario, but your province will be similar.

How long do I have to respond to a ticket?

What happens if I don't do anything?

If my license is suspended for unpaid fines, what do I do to get it reinstated?

Why is the Victim's Fund Surcharge added to all tickets?

If there is an error on a ticket, is it automatically dismissed?

If the officer does not show up for the trial, is the matter automatically dismissed?

HOW TO FIGHT THAT TRAFFIC TICKET

Your Traffic Ticket Fine is the Least of Your Problems

It is the points and your insurance company that will really hurt you.

UNDER CONSTRUCTION. WILL BE FINISHED AS SOON AS WE FIGURE OUT HOW WE FEEL ABOUT THAT

Consider these simple facts:

  • If convicted, you will end up paying thousands of dollars more for car insurance.
  • Your insurance rates could triple!
  • You could also lose your licence
  • You could pay a heavy fine
  • You could even face jail time.

Can I plead guilty with an explanation and ask for a lesser fine and/or no points?

If I am convicted of a traffic violation, will my insurance go up?

If I drive someone else's car and later discover they had no insurance, who is responsible?

If I am charged with impaired driving and/or "over 80", can you help me?

If I have been injured in an accident, can I sue?

How long do demerit points stay on my record?

Is it worth spending $300.00 to fight a $105.00 ticket?

What about "guaranteed to win or it's free"? pitches

I missed my trial date and was convicted. Can I appeal?

What is the difference between a summons and a Provincial Offences Notice.

. If I am convicted of a traffic violation, will my insurance go up?

A. In many cases, yes. Insurance company rates and "forgiveness factors" vary from company to company and are based on several facts including:

 

the age and driving experience of the driver

was an accident involved

was alcohol involved

how many points is this offence

how many moving violations has this driver had in the past

what is the class of license

Generally speaking, for one minor ticket of 3 points or less over 3 years where an accident is not involved and the driver has a full G license (or better), there is no increase in rates.

 

However, for a specific answer, contact your insurance company, keeping in mind that this may trigger an enquiry or review which in turn may result in an increase.

 

Q. If I drive someone else's car and later discover they had no insurance, who is responsible?

 

A. Both you and the owner are responsible to ensure you are insured before you operate the vehicle.

 

If you fail to do so, both of you could face a $5,000 fine which attracts a $1,000 victims fund surcharge making the total $6,000 EACH for the first offence, and $10,000 + $2,000 = $12,000 EACH for the second offence.

 

Q. If I am charged with impaired driving and/or "over 80", can you help me?

 

A. Yes! These are criminal charges but we have lawyers as associates who are experts in this area. The fieldwork is done by our private investigators and paralegal staff. The actual trial is done by a lawyer.

 

Q. If I have been injured in an accident, can I sue?

 

A. Yes, but there are rules and limitations.

 

Q. How long do demerit points stay on my record?

 

A. Two years, but the information may remain on the Ministry of Transportation computer for several years even after points have been restored. This data is often used by insurance companies in their decisions regarding new policies or renewals as well as by employers with respect to their hiring policy of drivers.

 

Q. Is it worth spending $300.00 to fight a $105.00 ticket?

 

A. Many times it is the wisest decision you could make, especially if your insurance rates are going to increase 25% to 50% for 3 to 5 years, or if you are a professional driver and your employer requires regular clean driver abstracts for you to keep your job.

 

 

Q. What about paralegal offices which "guarantee to win or it's free"? Please see Lawyer Paralegals Referral Services Win or Free?

 

A. No one can guarantee to win in any court. Be suspicious and read the fine print in contracts from companies offering a guarantee of "We win or it's free". Ask them;

 

Is a lesser fine a win?

Is a conviction for fewer points a win?

What are your actual total charges for representing me in court?

Once you get this information, read it carefully. That guarantee is probably full of holes

 

Back to Top

 

 

Q. I missed my trial date and was convicted. Can I appeal?

 

A. Yes There are 3 steps required to appeal a conviction and/or sentence which your paralegal can manage.

 

 

Q. What is the difference between a Summons and a Provincial Offences Notice.

 

A.The summons requires you to attend court and has no set fine option allowing you to simply plead guilty and mail in your cheque.

 

The Provincial Offences Notice gives you the options:

 

1) To plead guilty and mail (or phone) in the fine shown on the ticket, or,

 

2) To plead not guilty and request trial.

 

IN SOME JURISTICTIONS THERE IS THE OPTION:

 

3) To request what is called a FIRST ATTENDANCE hearing where in you, or your agent, meets with the Provincial Prosecutor in an office environment in an attempt to resolve the matter on mutual consent.

. When and why should I fight a traffic ticket?

 

A. Even if you are guilty, you should file a defence to protect your licence and prevent horrendous insurance increases. If you were charged with any provincial offence including one under the Highway Traffic Act, the Compulsory Automobile Insurance Act or Liquor Licence Act, or the equivalents in your province, you should act immediately.

 

Q. How many points will I lose for this offence?

 

A. First of all, points are accumulated against your licence, not lost but the following is a sample of some offences:

 

Speeding

16 - 29 over is 3 points

30 - 49 over is 4 points

50 and over is 6 points

Impaired Driving or over 80

Careless Driving (6 points)

Driving under suspension  (major fine)

Following too close (4 points)

No Insurance

Minimum $6,000 fine for 1st offence

Minimum $12,000 fine for 2nd offence

Over 150 KM in Ontario. Seize your vehicle for seven days, lost of licence and $5000 fine

Making a false statement (major fine)

Fail to remain (7 points)

Fail to report (3 points)

Fail to stop for School Bus (6 points)

Red Lights / Stop Signs (3 points)

Improper Passing (3 points)

Improper Turns (usually 2 - 3 points)

Disobey Signs (usually 2 - 3 points)

Seat Belts (2 points)

Q. How long do I have to respond to a ticket?

 

A. 15 days from the issue date. However, if it is more than 15 days since you were charged, a special application may be brought for an extension.

 

Q. What happens if I don't do anything?

 

A. You could be deemed not to dispute the charge and found guilty in your absence on the basis of your failure to respond. Then, if you fail to pay the fine and costs within 15 days, your licence could be suspended for unpaid fines.

 

Q. If my license is suspended for unpaid fines, what do I do to get it reinstated?

 

A. You must do two things:

 

1. Pay all outstanding fines, costs and late charges at any provincial court.

 

2. Then, take your receipt to the Ministry of Transportation and apply for reinstatement. There is an additional $100.00 fee for this application over and above all fines.

 

Please Note:

 

Once your application is accepted, it takes approximately four business days to process. In the interim, you are still suspended and must not drive.

 

Q. Why is the Victim's Fund Surcharge added to all tickets?

 

A. This is a special fund dedicated to assist victims of crime. A small percentage is added to each provincial offence fine and is earmarked for this fund.

 

For Example:

 

- a $40.00 fine has $  5.00 added

- a $90.00 fine has $15.00 added

- a $1,000.00 fine and over has 20% added

 

Therefore, a $5,000.00 fine for no insurance, for example, has $1,000.00 added making the total $6,000.00.

 

Q. If there is an error on a ticket, is it automatically dismissed?

 

A. No. Minor errors are simply amended for accuracy but not dismissed. However, if the error or omission is vital evidence, there may be grounds for a motion to quash or stay proceedings.

 

Q. If the officer does not show up for the trial, is the matter automatically dismissed?

 

A. No. The provincial prosecutor has the right to request an adjournment to another day just as the defence has if there is a valid reason. However, on minor traffic matters, many provincial prosecutors will withdraw the charge if the officer is absent  rather than require the defendant to attend another day.

 

Q. Can I plead guilty with an explanation and ask for a lesser fine and/or no points?

 

A. Yes and no. You or your agent can plead guilty but the Justice of the Peace has no control or authority over points. This is a Ministry of Transportation issue set by the Province. As for the fine, the Justice of the Peace has discretion under the Provincial Offences Act to reduce the fine if there is justifiable reason to do so.

Not sure what to do? Ask CanLaw to find a lawyer or paralegal who can coach you
Guide to the fighting traffic tickets process
Copyright © 1996 - CanLaw Inc.

This is not legal advice, it is information

Lay Person's Guide To The Traffic Ticket  Process

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