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Highway 401 Speeding Ticket

Question:

Going along highway 401 near London and was pulled over by the opp. I got a ticket for almost $400 bucks from the cop. What other penalties am I going to get on top of the $400? Can I fight this? Yes, no, maybe? Is it cheaper to just pay it? What can you do for me?

 

Response:

First, I am sorry to hear that you received a speeding ticket. Speeding tickets are the single most common ticket that we assist clients with. You have likely been charged under section 128 of the Highway Traffic Act:

“Rate of speed

128. (1) No person shall drive a motor vehicle at a rate of speed greater than,

(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;

(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;

(c) 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;

(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);

(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or

(f) the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128.0.1. 2005, c. 26, Sched. A, s. 17 (1); 2006, c. 11, Sched. B, s. 6 (2); 2006, c. 32, Sched. D, s. 4 (1).”

This section of the Highway Traffic Act deals with driving a motor vehicle over the posted speed limit. The ranges of speed and demerit point penalties are as follows:

  • +1 to +15 km/h – 0 demerit points
  • +16 to + 29 km/h – 3 demerit points
  • +30 to +49 km/h – 4 demerit points
  • +50 km/h or greater – 6 demerit points

By the size of fine that you received, I would expect you to be in the second-highest range of speeding offences facing a four demerit point penalty. A conviction may also result in an increase to your insurance rates. A licenced insurance broker could provide you with more accurate feedback on how your insurance may be effected.

Can we help you? I would need more specific information from your ticket to give you an accurate response. Generally we are almost always able to at least get a reduction in the rate of speed, fine, and demerit points for a client charged with Speeding. However, other factors such as driving history, whether or not a roadside reduction in the rate of speed listed on the ticket was given, and whether the rate of speed is on the higher end of a range of speeding offence can impact the outcome. In some cases we are to have a charge thrown out in its entirety where a legal argument exists to do so. Infrequently a charge may go to a conviction as it was issued despite a thorough defence being performed at court.

I would suggest coming in to speak your ticket in more detail, or calling in to speak with myself or one of my staff. We offer a no cost, no obligation review of tickets and can give you the basic information needed to make an informed decision on what to do with your ticket. Fortunately speeding tickets do not require a lot of legal work and cost, making them generally cost effective to pursue. I can be reached directly to discuss your matter in more detail through our toll-free number at 1-844-647-6869 or by email at info@otdlegal.ca.

Posted under Traffic Ticket Defence

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