Frequently asked questions about speeding tickets in Ontario
Q. How does it work if I get OTT Legal to help me?
A. How it works is the driver either calls or comes into one of our offices to discuss their ticket.
We will go over your case and explain what we can do to fight the ticket. We put everything in writing, sign the document and provide you with a copy of the agreement.
We will take care of everything for you.
- We will send the ticket to the court and enter a plea of not guilty.
- Once we receive a trial date we will prepare the case for trial.
- We file any legal motions usually at no charge to you.
- We represent you at the court hearing.
- After the trial date we send you a written report about your case and the results.
- If you have any questions along the way, your welcome to call and discuss your case.
Q. Does my speeding ticket have demerit points?
A. Any speeding ticket for more that 15 kilometers over the speed limit has demerit points.
For a speeding ticket from 16 to 29 over the speed limit there are 3 demerit points, 30 to 49 kilometers there are 4 demerit points and any speeding ticket for more than 50km/h over the speed limit the ticket will have 6 demerit points. More information on demerit points for speeding tickets >
Q. Will my insurance go up because of a speeding ticket?
A. Any speeding ticket that you pay goes on your driving record for 3 years from the date of conviction or the date you paid the ticket and can affect your insurance.
Your insurance company can access your driving record to access what the risk is to them that you might be involved in an accident.
The more speeding or traffic tickets you have on your driving record, the more the insurance company perceives that “their risk to insure you is higher”. The higher the risk, the higher your rates will be.
You must always try to do everything possible to keep your driving record clear. More information about fighting your speeding ticket >
Q. The officer did not show me the radar – is this a defence to my ticket?
A. No, the law says that the police officer does not have to show you the reading they obtained from any speed measuring device.
At traffic court, the officer does have to explain to the Justice how they obtained the speed, that they did so properly and that they tested the speed measuring device before and after stopping the driver.
Q. I had to accelerate to avoid an accident – is this a defence to speeding?
A. No, the courts and Justice will say that accelerating is never a defence to speeding. If you were in a situation where you were trying to avoid an accident, the best thing to do would be to slow down.
There are only two defences for speeding;
- Speeding to save someone’s life, where there is no other means to get the person to medical care. e.g. there is no ambulance and your are rushing to get to a hospital, and
- Speeding because you are in direct fear for your life and you are speeding to get to a known place of safety. e.g. you are being chased by persons with a gun and you are speeding to get to a police station.
Q. The court case for my speeding ticket has taken months to come to court, can I use this in my defence?
A. In Ontario, if you are charged with an offence, you have a right for the case to be heard before a Justice of the Peace within a reasonable period of time.
This is called your right to a speedy trial under the Canadian Charter of Rights. The normal time period is that the trial should be heard within 12 months from the day you were charged.
To make a complaint about a time delay, the defendant or his agent must file with the court an 11b application at least 15 days prior to the court hearing.
If your case has taken to long to come to court, contact us to get more information about fighting your speeding ticket
Your Questions Answered
Do you have a question about a speeding ticket, or seeking some advice? OTT Legal loves talking about speeding tickets and helping people fight their tickets. Call us at 1-888-668-8946 or fill out the form below and we will answer you within two (2) hours.