Former OPP Officer Eddie Cho

When it comes to fighting speeding tickets, OTT Legal delivers peace of mind backed by a proven record.

We’ve successfully won thousands of speeding tickets, and the glowing reviews from past clients speak for themselves. From preparing your case, handling disclosure requests to appearing in court, our team takes care of every detail, ensuring you’re in knowledgeable hands every step of the way.

Once your ticket has gone through the court system and the trial is complete, we’ll provide a detailed report of the final outcome.

When it comes to fighting a speeding ticket case, it often hinges on understanding legal technicalities. Our team is here to handle every aspect of your case, using our expertise to:

• File for a Court Date & Order the Disclosure: We secure your trial date and obtain all evidence from the prosecution, giving us insight into their case against you.

• Analyze the Facts: We dig deep into the details to identify any inconsistencies or errors that could strengthen your defence.

• Pretrials: Our team arranges pre-trial hearings with the prosecution to discuss the case and seek opportunities for a reduction or dismissal of charges.

• File Motions and Applications: We know which motions can challenge the prosecution’s evidence, helping to improve your chances in court.

• Prepare for Trial: We meticulously prepare your defense, ensuring that every aspect is covered to build the strongest possible argument.

• Leverage Legal Technicalities: From procedural errors to misapplication of the law, we use every advantage to challenge the charges.

With Ott Legal handling every detail, you can have peace of mind knowing that a dedicated team is fighting your speeding ticket for a winning outcome.

Initially, the prosecution has to prove the essential elements of the charge, such as:

• That the alleged offence occurred on a roadway within the jurisdiction of the court: The prosecution must establish that the speeding incident took place on a defined “roadway” that falls within the jurisdiction of the court hearing the case. Where the location falls outside the court’s jurisdiction—we can challenge this point, which could weaken their case against you.

• You were driving a motor vehicle: It is essential for the prosecution to prove that you were the person operating a “motor vehicle” as defined under the Highway Traffic Act of Ontario at the time of the offence. If there is any doubt— or there’s a question about the officer’s ability to identify you—this could become a critical aspect of your defence.

• The officer observed your vehicle speeding: The prosecution must demonstrate that a police officer directly observed your vehicle traveling over the speed limit. We can challenge their observations, particularly if there were poor weather conditions, obstructed views, or heavy traffic that could impact the accuracy of what the officer saw.

• The officer recorded a speed over the legal limit: Evidence of speeding often comes from radar or laser devices used by the police. It’s their responsibility to prove that the equipment was properly calibrated and maintained, and that the officer tested the device “before and after set up” and found it working properly. We scrutinize these records to ensure that the speed recorded is accurate and that there were no technical errors with the device.

Our job is to challenge these issues and more, and this is just the beginning of our detailed defence strategy for fighting speeding tickets. Using our experience to expose any weaknesses in the prosecution’s case, If any point isn’t proven or if there’s doubt about the evidence, we push for a dismissal of your charges.

★★★★★ I would like to express my appreciation for the professional service provided by OTT Legal. I was provided with all details and explanation. As an added bonus, we won the speeding ticket! I would recommend OTT Legal Services to anyone with a traffic violation. Thank you.

We Handle the Legal Burden, So You Don’t Have To

In court, the police and prosecution are required to prove their case beyond a reasonable doubt. That’s a high standard, and with our expertise in fighting speeding tickets, we work tirelessly to challenge their evidence and help you win—all while you stay stress-free at home.

With us handling every detail, you can have peace of mind knowing that a dedicated team is fighting your speeding ticket and working towards the best possible outcome.

When you’re fighting a speeding ticket, we’re disputing the legal technicalities of what the officer observed and the processing of the case through the court system.  As well there are two primary legal defences that may apply called the “Defence of Necessity”.

What is the Defence of Necessity?

The defence of necessity is applicable when a driver can demonstrate that they had no reasonable alternative but to speed due to an immediate threat or emergency. It is a challenging defence to prove, as it requires the driver to attend court, testify, and withstand cross-examination by the prosecution.

Here are the two main scenarios where the Defence of Necessity may apply:

Speeding to Save Someone’s Life

• Description: This defence applies when a driver is speeding because it is the only way to provide immediate medical care for someone in critical condition. The situation must be urgent, where time is of the essence, and no other practical options are available.

• Example: If someone is experiencing a medical emergency, such as a heart attack, and no ambulance is available or would take too long to arrive, a driver may need to speed to reach the nearest hospital or emergency care centre.

• Requirements: To use this defence successfully, the driver must prove that the situation was dire and that speeding was the only viable option to prevent serious harm or death. Documentation like medical records or witness testimony can help support the urgency of the situation. The driver must be actively engaged in driving the person to a place for medical attention. e.g. your driving someone to the hospital for a life-threatening issue and it would be impracticable to wait for an ambulance

Speeding Due to Fear for Your Life

• Description: This defence applies when a driver is speeding because they are in direct fear for their safety and must reach a secure location as quickly as possible. It must be demonstrated that the fear was reasonable and the danger was imminent.

• Example: If a driver is being pursued by individuals with a weapon, such as a gun, and fears for their life, they might speed to reach a police station or other safe location where they can find protection.

• Requirements: In this situation, the driver must prove that the fear for their life was genuine and that no other safe options were available. Supporting evidence, such as police reports or video footage, can strengthen the claim of immediate danger. The driver must be actively engaged in driving to the police station or similar location.

What to Expect When Using the Defence of Necessity

• Court Appearance Required: Drivers who wish to use this defence must attend court and present their case to a judge. It is not a defence that can be submitted in writing or explained outside of court.

• Testifying in Court: The driver will need to testify under oath, providing a detailed account of the events leading to the decision to speed. This involves explaining why there were no other alternatives to speeding and demonstrating the urgency of the situation.

• Cross-Examination by the Prosecution: The prosecution has the right to cross-examine the driver’s testimony. They will likely challenge the necessity of speeding, the immediacy of the danger, and whether other reasonable alternatives were available. It’s crucial to be prepared for this questioning and to have evidence that supports the defence.

Successfully arguing a Defence of Necessity can result in the charges being dismissed, but it requires a well-prepared case, compelling testimony, and often, legal representation to navigate the complexities of court proceedings.

Once a police officer provides evidence of your speed, the defence has the opportunity to cross-examine the officer.

During cross-examination, the defence focuses on:

• Challenging the Officer’s Evidence: Questioning the accuracy and reliability of the officer’s observations and testimony.

• Highlighting Mistakes: Identifying any errors or inconsistencies in the officer’s account or the procedure followed.

• Questioning the Speed Measuring Device: Scrutinizing the calibration, maintenance, and proper use of the radar or laser device used to record your speed.

• Establishing Your Innocence: Presenting arguments and evidence that demonstrate why you are not guilty of the offence.

Cross-examining a police officer requires skill, confidence, and a thorough understanding of court procedures and the rules of law. If you don’t feel confident or lack experience in these areas, it’s essential to have a professional on your side. That’s where the experienced team at OTT Legal comes in.

With years of experience in traffic court, OTT Legal has the knowledge and skills to be your advocate, ensuring your case is presented effectively and giving you the best chance for a successful outcome.

In Ontario, Canada, speeding is considered a strict liability offence. This means that the prosecution only needs to prove that the act of speeding occurred, without needing to establish the driver’s intent or knowledge.

A driver can be found guilty simply because they exceeded the speed limit, regardless of whether they intended to speed or were aware that they were speeding at the time.

It’s important to know the difference between and explanation and and what is a valid defence for speeding tickets. Simply put, the reason or your explanation why you were speeding is not considered a valid defence to a charge of speeding.

While explanations might lead to a reduced fine, they won’t result in the ticket being dismissed or canceled. Neither the court nor the prosecution will drop a speeding charge just because you have a reason or story to share.

Some common explanations include:

• Personal Emergencies: Situations like being late for an important appointment or family emergency.

• Speeding to Avoid a Hazard or Accident: Attempting to prevent a collision or avoid a dangerous situation.

• Didn’t See the Speed Sign: Claiming that a speed limit sign was not visible or that you missed it.

When an explanation is presented to the court, it may result in a reduced fine or penalty, but the ticket itself will still remain on your record. To have a speeding ticket dismissed, a valid defence must be presented.

Rory Hardman Trial Paralegal

Fighting speeding tickets can be stressful, but you don’t have to face it alone.

Whether it’s challenging the evidence, understanding the legal process, or presenting a strong defence, OTT Legal is here to help you every step of the way. Our experienced team knows how to navigate the complexities of traffic court, cross-examine police officers, and challenge strict liability offences like speeding.

Don’t risk your driving record, increased insurance rates, or hefty fines—let the professionals at OTT Legal fight for you. Contact us today to discuss your case and see how we can help you achieve the best possible outcome. Your consultation is just a phone call or a click away, and we’re ready to start working for you!