The traffic courts give you 3 options for disputing your speeding ticket. Here we explain what they are, and what is the best option for you.
Option #1 – Plead Guilty – Not Advisable
Pleading guilty might seem like a straightforward solution, but it often comes with serious consequences. Here’s what to expect if you choose this option:
- Full Fine Payment: You’ll be responsible for paying the entire ticket amount with no reductions. This means there’s no opportunity for negotiation or a lesser penalty that could save you money.
- Insurance Rate Increases: A guilty plea will be reported to your insurance company, which could lead to a significant increase in your premiums. These increased rates can persist for years, potentially costing you thousands over time.
- Demerit Points: All demerit points associated with the offence will be applied to your driving record immediately. Accumulating points can bring you closer to potential suspensions and further legal issues down the road.
- License Suspensions: Any applicable suspensions will be enforced immediately. Losing your driving privileges can significantly impact your ability to commute, work, or carry out daily activities.
- Impact on Driving Record: The ticket will remain on your driving record for three years from the date of the offence, which means it can continue to affect your insurance rates for that duration. A record of convictions can also affect your eligibility for discounts or lower rates in the future.
Our advice: Dispute the ticket. Disputing the ticket gives you a very high rate of either winning the ticket completely or getting it dropped to avoid the insurance implications, demerits and licence suspensions. Call and lets discuss you case, we can answer any questions and give you an expert opinion about your ticket.
It’s important to note that insurance companies are more concerned with “convictions” than demerit points. While demerit points can affect your driver’s license status, they don’t directly impact insurance rates. This distinction is crucial when evaluating your options. To better understand how you can challenge your ticket, check out our guide on fighting speeding tickets in Ontario.
Option #2 – Early Resolutions – Usually Not Advisable
The Early Resolution option involves meeting with a prosecutor to “reach a resolution” without going to trial. While this might seem like a convenient way to avoid court, it’s is a bit misleading.
The phrase they use is intend to scare you, with the belief that only thing that can happen in traffic court is a “contested trial – head to head against a police officer” so you better plead guilty, but here’s what this option entails:
- Good for the Prosecution: the prosecutor, wants to save court time, costs, and avoid requiring the officer to appear. They want you to plead guilty, thereby saving them time and expense of prosecuting the case. However, this convenience often results in you giving up your right to challenge the ticket fully and many disputed speeding tickets are withdrawn in Ontario each year.
- Pressure to Plead Guilty: The prosecutor may encourage you to accept a plea deal, which involves admitting guilt in exchange for a slightly lower fine or fewer or even no demerit points. This might sound appealing, but it still results in a conviction on your record that impacts insurance, you may still get demerit points, and any applicable licence suspension.
- Impact on Insurance: Even if the prosecutor reduces your fine, the conviction will still be reported to your insurance company. This can result in premium increases that outweigh any savings from a reduced ticket fine. Speeding ticket convictions stay on your driving record for 3 years.
- Demerit Points: A plea deal might result in a reduction in the number of demerit points assigned, but it doesn’t eliminate the risk of points adding up over time. A few points now can bring you dangerously close to a suspension if you receive another ticket in the future.
- Record Impact: The conviction, even with a reduced fine, will remain on your driving record for three years. This can limit your options if you receive another ticket during this time, as you will have less flexibility to negotiate or fight subsequent charges.
The early resolution system was originally developed for situations to produce a licence or insurance slip. The court subsequently learned that they can save money by convincing drivers to plead guilty. Consult with our legal team before deciding, as they can evaluate factors like court location, license class, and your history of convictions. To explore when fighting might be the best option, visit our page on fighting speeding tickets.
It just seemed like the clerk wanted me to plead guilty, and not take it to court. They didn’t careless that my insurance could increase…
Option #3 -Trial – Fight Your Speeding Ticket
Choosing to fight your ticket in court gives you the best chance of protecting your driving record and minimizing the impact on your insurance. Here’s why fighting your ticket might be your best option:
- Chance of Winning: There’s always a chance that your speeding ticket will be dismissed in court, and in many jurisdictions, the odds can be in your favour—sometimes even better than 50/50. For example, during the COVID-19 pandemic, courts canceled hundreds of speeding tickets, highlighting how external factors can influence outcomes. By taking your case to trial, you ensure a your opportunity to present your side, challenge the evidence against you, and exercise the full rights and protections afforded to Canadian citizens under the Canadian Charter of Rights and Freedoms.
- Maintaining a Clean Record: While awaiting your court date, your driving record remains clear, which can help you avoid immediate increases in insurance premiums. This delay can work to your advantage, keeping your insurance rates stable until a final decision is reached. In some cases, court delays can stretch for months, allowing you to maintain lower insurance costs during that time..
- Legal Arguments and Defences: An experienced legal representative can use various arguments to challenge your ticket, such as technicalities, procedural errors, and other legal defenses. This includes issues like time delays, filing mistakes, violations of the Charter of Rights, jurisdictional challenges, or inconsistencies in the officer’s notes. A delay in scheduling your trial could be argued as a violation of your right to a timely trial, potentially leading to a dismissal. Identifying and leveraging these nuances requires expertise, which a paralegal or lawyer can provide to strengthen your case.
- Burden of Proof & Officer Attendance: The police officer who issued your ticket is required to attend the trial. If the officer fails to appear, your charges could be dismissed without further action. Additionally, it’s up to the prosecution to prove the case against you. If they can’t present clear and convincing evidence of the alleged offence, your case can be dismissed.
- Burden of Proof on Prosecution: It’s up to the prosecution to prove the case against you before you need to defend yourself. This means that if they can’t establish clear and convincing evidence of the alleged offence, your case could be dismissed without you needing to present a defence.
- Ticket Dismissal Potential: If the prosecution can’t present a solid case, the ticket may be dismissed entirely. A dismissal not only removes the fine but also ensures that no demerit points are added to your record and that your insurance rates remain unaffected.
AND We’re just getting started – Taking your case to trial ensures you get a fair chance to defend yourself and keeps your options open for a winning outcome. For a comprehensive guide on the benefits and strategies of fighting speeding tickets, visit our dedicated page, or call us today!
