Fighting Your Ticket

Fighting Speeding Tickets

We fight speeding tickets to win, saving your insurance, demerit points and keeping your driving record clear.

Fighting Speeding Tickets in Court

Speeding ticket trials are won on legal technicalities, including:

  • the facts of the case,
  • legal technicalities in law, including any
  • legal motions or applications

The essential elements (what the police have to prove) of a speeding ticket trial can include:

  • the offence happened on a roadway
  • the driver was operating a motor vehicle
  • observed speeding by a police officer, who
  • recorded a speed, above the legal limit
  • the defendant was the driver of the vehicle

In a trial the police and prosecution are required to prove the case to the court (judge) “beyond a reasonable doubt“.

Traffic Ticket Court Ontario

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Speeding Ticket Trials

In traffic court the police officer has to prove, the who, what, when, where and the how of a speeding ticket.

For example, to prove the “how” the officer has to prove that the speed measuring device they used to record the vehicle speeding was working properly.

While fighting your ticket court we look at:

  • legal defences
  • legal arguments
  • cross-examination of police witness
  • presenting applicable speeding case law
  • disproving the radar evidence
  • creating a reasonable doubt

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★★★★★ 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 case regarding my traffic charge. I would recommend OTT Legal Services to anyone with a traffic violation. Thank you.
Henry ParkToronto

Defences to Speeding

There are two legal 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 you are rushing to get to a hospital
  • speeding because you are in direct fear for your life
    • you are speeding to get to a known place of safety
    • e.g. being chased by persons with a gun and are speeding to get to a police station.

Where the driver is claiming a “Defence of Necessity” the driver must attend court. The driver will be required to testify and be subject to cross-examination by the prosecution.

Cross Examinations of Officers

Once a police officer has given evidence of your speed, the defence is then allowed to cross-examine the police officer.

During cross-examination the defence looks at:

  • challenging the officers evidence,
  • showing where mistakes have been made,
  • challenging the speed measuring device
  • showing how you’re not guilty

In traffic court, experience counts. Knowing how to conduct a trial and cross-examine police officers comes only with experience.

Having spend years in traffic court, OTT has the experience to be your trial advocate.

Explanations vs Defences

The reason why you were speeding, is not a defence to speeding.

Explanations may get the ticket reduced, but neither the court nor the prosecution will cancel or dismiss a ticket just because you have a story to tell.

Examples of explanations could be:

  • personal emergencies
  • speeding to avoid a hazard or accident
  • didn’t see the speed sign

Where an explanation is given to the court, the court may reduce the ticket but will not cancel it.

No Intent to Speed

The Highway Traffic Act makes speeding a absolute liability offence.  

In an absolute liability offence, the prosecution does not have to prove the mental element (Intention) to commit the offence. Simply proving the guilty act beyond a reasonable doubt is sufficient for conviction.

Telling the traffic court that you did not intend to speed, is not a defence to speeding.

Fighting Your Speeding Ticket

OTT Legal does the work of fighting your speeding ticket for you. In preparing your case for trial we will:

  • appear on your behalf in court
  • file any legal arguments or motions
  • review your case for any “fatal errors”
  • order the officers notes and disclosure
  • check that the ticket was filed properly at the court
  • object to legal motions where required
  • challenge the officer’s evidence

Our goal is to win your speeding ticket, to save your demerit points and to keep your insurance rates low.

If you are not sure about:

  • legal arguments,
  • how to cross-examine the police officer, and
  • how to make legal submissions

You may miss opportunities to win.  Get qualified winning help from OTT today!

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