Q. When and why should I fight a traffic ticket?
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
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.
Following too close (4 points)
Q. How many points will I lose for this offence?
Driving under suspension (major fine)
First of all, points are accumulated against your licence, not lost but the
following is a sample of some offences:
Careless Driving (6 points)
- 16 - 29 over is 3 points
- 30 - 49 over is 4 points
- 50 and over is 6 points
- Impaired Driving or over 80
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?
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?
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?
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
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?
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.
- 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?
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
Q. If the officer does not show up for the trial, is the matter automatically
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
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.
Q. If I am convicted of a traffic violation, will my insurance go up?
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
- 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
Q. If I drive someone else's car and later discover they had no insurance,
who is responsible?
you and the owner are responsible to ensure you are insured before you operate the
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
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?
Yes, but there are rules and limitations.
Q. How long do demerit points stay on my record?
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?
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 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
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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.
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
1) To plead guilty and mail (or phone) in the fine shown on the
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.