SPEEDING TICKET
Speeding tickets are the most common offence that we assist our clients with. We can help with speeding charges issued in Ontario, Quebec, and many locations in the United States. If you have received a speeding ticket, it is important to know your legal rights and options as well as the consequences that will be incurred if you are convicted.
Fortunately, the vast majority of speeding offences can at least be reduced to a lesser offence barring any legal argument to have them thrown out entirely. A conviction for speeding results in a court fine and a record of conviction. You may also be subject to demerit points against your driver’s licence and may have your licence either suspended or revoked depending on your class of driver’s licence and driving history. In many cases, the cost of increased insurance costs can far exceed the actual fine issued by the court.
It is important to make informed decisions and protect your rights.
WHAT IS SPEEDING?
Speeding charges in Ontario fall under section 128 of the Highway Traffic Act:
128 (1) No person shall drive a motor vehicle at a rate of speed greater than,
- 50 kilometres per hour on a highway within a local municipality or within a built-up area;
- 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;
- 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;
- the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);
- the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or
- 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).
Municipal councils can make more specific local by-laws regarding roadways with their jurisdiction. Effectively however, drivers are not legally permitted to exceed the posted rate of speed. If you do, you risk being charged by the police.
HOW MANY DEMERIT POINTS DO I GET FOR SPEEDING?
New Ontario drivers start out with a clean driving history and zero demerit points. If they are convicted of an offence, that record of conviction is entered against their driving history. Convictions can carry a demerit point penalty that ranges from 0 to 7 demerit points depending upon which section of the law they were convicted under. For Ontario drivers with a speeding offence, demerit point penalties are as follows:| Range of Speeding | Demerit Points |
| +1 to +15 | 0 |
| +16 to +29 | 3 |
| +30 to +49 | 4 |
| +50 or greater | 6 |
| Full Licence | Novice Licence | MTO Response |
| 2 to 8 demerits | 2 to 5 demerits | You will be sent a warning letter. |
| 9 to 14 demerits | 6 to 8 demerits | Your licence could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your licence should not be suspended.
If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your licence could be suspended. The fee for a demerit point interview is $50 and must be paid in person at any Service Ontario Centre. You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview. Failure to pay the interview fee will result in the cancellation of your driver’s licence. |
| 15 or more demerits | 9 or more demerits | Your licence will be suspended for 30 days.
When your licence is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your licence. If you do not surrender your licence, you can lose your licence for up to two years. |
- other Canadian provinces and territories
- the State of New York
- the State of Michigan
HOW MUCH IS A SPEEDING FINE?
Speeding fines are calculated based on how many km/h you are over the posted speed limit. Higher ranges of speeding incur a greater cost per km/h over the posted speed limit as follows:| Range of Speeding | Cost per km/h |
| +1 to +19 | $3.00 |
| +20 to +29 | $4.50 |
| +30 to +49 | $7.00 |
| +50 or greater | $9.75 |
| Range of Speeding | Cost per km/h – Construction Zone |
| +1 to +19 | $6.00 |
| +20 to +29 | $9.00 |
| +30 to +49 | $14.00 |
| +50 or greater | $19.50 |
WHAT ARE ESCALATED SANCTIONS PENALTIES?
Novice drivers (such as those with a G1, G2, M1, or M2 licence) can face escalated sanctions penalties from the MTO if they are convicted of any single offence that carries 4 or more demerit points. In terms of Speeding offences, this would occur for any rate of speeding 30 km/h or more over the posted speed limit. The exact penalty issued against a novice driver in this circumstance is determined by whether it is a first, second, or third occurrence:- 30-day licence suspension for the first occurrence
- 90-day licence suspension for the second occurrence
- Licence cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program or BDE credit would be forfeited when the licence is cancelled. Please note that in the case of a hybrid driver, only the novice-class licence is cancelled on the third occasion; their full-class licence is maintained.
HOW MANY CVOR POINTS DO I GET FOR SPEEDING?
Commercial Motor Vehicle (CMV) drivers, such as transport truck drivers, need to be especially careful of speeding offences. CVOR points escalate much more quickly than demerit points do: To provide context, a charge of speeding at 21 km/h or more over the posted speed limit carries the exact same CVOR point penalty as would an offence of Careless Driving for incidents such as colliding with a pedestrian or vehicle, or running your commercial motor vehicle into an object or off the roadway. A 5 CVOR point conviction (or a poor driving record) can result in the termination of your employment and difficulties in finding new employment.WHAT CAN I DO IF I GET A SPEEDING TICKET?
The first important step is to seek out the information that you will need to make informed decisions. A legal misstep or an uninformed guilty plea can result in an unnecessary conviction with serious consequences that you were unaware of. Most speeding offences can at least be reduced to a lesser offence and some matters can be thrown out entirely. As well, most speeding matters can also be resolved without ever needing you to step foot in a courtroom. That is a huge relief to many people who find the idea of attending court stressful.
Generally, it is more cost-effective to contest your charges at court than accept the consequences of being convicted of your original offence. Put a licenced and experienced paralegal in the courtroom on your behalf to argue your matter effectively. OTD Ticket Defenders Legal Services provides a no-cost, no-obligation initial consultation to discuss your case details with you. Our friendly staff can be reached via our toll-free 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 to assist you.