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Speeding – Commercial Motor Vehicle

Question:  

I drive transport for a living and was charged at 105 in a 80 zone.  The company has fired me for speeding. Can they do that? 

 

Response:  

I am sorry to hear about losing your job over the speeding ticket.  While we do not practice labour law, we can certainly provide assistance to you for the speeding ticket.  Speeding charges are somewhat different for a commercial motor vehicle than they are for a regular vehicle.  Normally demerit points in Ontario for a standard vehicle 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

However, the CVOR points when it comes to speeding in a commercial motor vehicle are as follows:

  • +1 to +10 km/h – 2 CVOR points
  • +11 to +20 km/h – 3 CVOR points
  • +21 km/h or greater – 5 CVOR points

To provide some perspective, a conviction for the very serious offence of CARELESS DRIVING (under Highway Traffic Act section 130) would also carry the same 5 CVOR point penalty as your charge of SPEEDING 105/80. 

We represent clients on speeding cases frequently and would be happy to assist you in this matter, especially given the impact that it has upon your current and future employment.  It is important for you to contact our office as early as possible so that we can have the ticket filed with the court before a non-response conviction.

Once the court has set a trial date we will be able to get a disclosure of the evidence against you for review.  We can certainly review that evidence for any legal argument upon which to have the offence withdrawn.  If no such argument can be found, we can meet with the Prosecutor to see if a plea to a lesser offence can be negotiated.  The last line of defence would be to argue the matter at trial where the charge will either stand or be dismissed at the end of the hearing.

We would be happy to discuss your case in more detail with you and may be reached via our toll-free number 1-844-647-6869 or by email at info@otdlegal.ca.  We offer a no-cost, no-obligation initial consultation and can generally review a speeding case in as little as 15 minutes.  Hopefully a favourable result at court will to address your employment issues and get you back on track in your driving career.

Posted under CVOR Points, Professional Truck Drivers, Speeding, Traffic Ticket Defence

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