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How Do I Fight A Speeding Ticket In Ontario?

Speeding tickets are one of the most common traffic tickets that are issued in Ontario.  But how can you fight your ticket?  The easiest and least stressful way to fight your speeding ticket is through a licenced paralegal that knows the law and the court process.  Most people unfamiliar with the law will have some important questions to ask.  What court penalties am I facing?  How will this impact my driver’s licence?  Can this ticket impact my insurance?  If I’m a professional truck driver, will this ticket impact my employer and my employment?  I only have a novice driver’s licence, will I face greater penalties?

Let’s take a look!

Ontario Speeding Tickets

In Ontario, speeding charges fall under Highway Traffic Act section 128.    

Ontario’s Highway Traffic Act – Speeding

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).

Effectively, if the police observe you driving at a rate of speed over the posted speed limit, you risk being stopped and charged with speeding under HTA s.128.  There are two main ways that the police can charge you with a speeding offence.

  • A ticket” – This type of offence notice is generally issued for rates of speed 1 to 49 km/h over the posted speed limit.  Your ticket will list your offence information, a total payable fine, along with your options in responding to the court.  It is important to note that a ticket does not list the demerit points (or CVOR points for commercial motor vehicle drivers).  Our staff can help advise you how many points your offence carries.
  • “A summons” – This type of offence notice is generally issued for rates of speed 50 km/h or more over the posted speed limit.  The document will list your first court date that either you or your legal representative must attend.  A summons does not show a court fine as the fine is issued by the court upon conviction.  The summons could either be for “speeding” or for the much more serious offence of  “stunt driving.”

Stunt driving (aka “Racing” or “Race Motor Vehicle”) is the much more serious version of a speeding offence and falls under HTA section 172   

Ontario’s Highway Traffic Act – Stunt Driving / Racing

172 (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.  2007, c. 13, s. 21.

What Penalties Does My Speeding / Stunt Driving Ticket Have?

If you have been charged with speeding or stunt driving, you could face some or all of the following penalties:   

  •  A court fine
  • Licence Suspension
  • Imprisonment
  • Demerit Points
  • CVOR Points
  • An insurance Increase or being uninsurable

Generally, the more severe your offence is, the more severe the penalties that you will be facing.  

Speeding Penalties

Speeding charges (those issued under HTA s.128) fall into four ranges of offence.  The further your offence falls into those categories, the greater the penalties: 

Rate of Speed

Demerit Points

+1 to +15

0

+16 to +29

3

+30 to +49

4

50+

6

 Speeding fines are also determined by how far over the posted speed limit that you were driving:  

Kilometres

Set Fine

a) 1-19 kilometres per hour over the maximum speed limit

$2.50 per kilometre

b) 20-29 kilometres per hour over the maximum speed limit

$3.75 per kilometre

c) 30-49 kilometres per hour over the maximum speed limit

$6.00 per kilometre

d) 50 kilometres per hour or more over the maximum speed limit

No out of court settlement

For speeding offences that occurred in a community safety zone, the fines would be calculated as follows:  

Kilometres

Set Fine

a) 1-19 kilometres per hour over the maximum speed limit

$5.00 per kilometre

b) 20-29 kilometres per hour over the maximum speed limit

$7.50 per kilometre

c) 30-49 kilometres per hour over the maximum speed limit

$12.00 per kilometre

d) 50 kilometres per hour or more over the maximum speed limit

No out of court settlement

 Driver’s licence suspensions for a speeding conviction are determined as follows:

(15) Subject to subsection 207 (7), where a court has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, the court may,

(a) suspend the driver’s licence of the person for a period of not more than 30 days; 

(b) upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days;

(c) upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year.  2005, c. 26, Sched. A, s. 17 (9).

What Are The Penalties For Stunt Driving?

Stunt Driving offences carry much more severe penalties compared to a simple speeding offence.  They carry 6 demerit points and the following court penalties:

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s licence may be suspended,

(a) on a first conviction under this section, for not more than two years; or

(b) on a subsequent conviction under this section, for not more than 10 years.  2007, c. 13, s. 21.

It is important to note that all speeding and stunt driving court fines are also subject to an additional victim fine surcharge. 

Fine Range ($)

Surcharge ($)

0-50

10

51-75

15

76-100

20

101-150

25

151-200

35

201-250

50

251-300

60

301-350

75

351-400

85

401-450

95

451-500

110

501-1000

125

Over 1000

25% of actual fine

How Many CVOR Points Does My Speeding Ticket Have?

Commercial motor vehicle (CMV) drivers have to be exceptionally careful of any charges issued by the police.  Not only do they face all of the standard penalties that a regular driver would face, but their employer may also receive a record of the conviction along with a CVOR point penalty.  This could result in termination of employment and difficulty in finding new employment.  A CMV driver’s driving record is literally their resume.

CVOR points for speeding offences increase much more quickly than demerit points do:

Rate of Speed

CVOR Points

+1 to +10

2

+11 to +20

3

+21 or above

5

5 CVOR points is the highest possible CVOR point penalty that can be issued.  Driving at 71 km/h in a posted 50 km/h zone carries the same 5 CVOR point penalty as a Careless Driving or Stunt Driving offence.

Will I Get Additional Speeding Penalties As A Novice Driver?

Yes.  Novice drivers are subject to escalated sanctions penalties upon a conviction for any offence carrying 4 or more demerit points:

For a first offence: your driver’s licence is suspended for 30 days.

For a second offence: your driver’s licence is suspended for 90 days.

For a third offence: you will lose your novice licence.  You will need to re-apply for your licence and start all over, taking all tests and paying all fees. You will also lose any time discount you earned, any time you were credited, and any fees you have paid.

What Should I Do If I Get A Speeding Or Stunt Driving Ticket?

If you have been charged by the police for speeding or stunt driving, contact our office as early as possible.  You are going to have to make some important decisions in a limited period of time that may result in consequences that can impact your life for years to come.  Having correct information will insure that you are making informed decisions in protecting yourself from those consequences. 

The good news is that most charges issued by the police can be resolved without the need for a full trial.  Of those cases that do get argued at trial, many of those cases do not require you to attend court.  Your legal representative can attend court on your behalf without your needing to miss attending work or school.  That saves you time, money, and stress.

The first step is to contact our office for a no-cost, no-obligation initial consultation to go through your case history and details.  Our friendly staff are here to help you.  We can be reached via the toll-free telephone number 1-844-647-6869, by text at 226-240-2480, or by email at info@otdlegal.ca.  You can also submit an online consultation request any time of day or night and one of our staff will contact you during regular business hours.

Posted under CVOR Points, Demerit Points, Professional Truck Drivers, Speed Measuring Devices, Speeding, Traffic Ticket Defence

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