Ontario Speeding Tickets
Wondering how to fight a Speeding ticket in Ontario? When you receive a ticket, it’s important to understand that the consequences can go beyond simply paying your fine. Your Speeding ticket can also mean demerit points and increased insurance rates. Remember, when you pay your fine, it’s the same thing as admitting guilt, and the ticket will remain on your driving record.In most cases, it is advisable to fight a Speeding ticket. If you are facing serious Speeding tickets in Ontario, getting the opinion of a legal professional can help you make your decision. At Mavericks Legal Services, we can provide you with an honest opinion of your situation and help you weigh the consequences you may face as a result of your Speeding ticket so you can make the right decision.
The Mavericks team has years of experience dealing with Ontario Speeding tickets, and can help fight, and win your speeding ticket case! We will assess your unique situation, and craft an individual defense strategy so we can achieve a successful outcome for you. Our goal is not just to have your charges, fines and other penalties reduced – we aim to have your ticked dropped completely!
A cautionary note from Mavericks to those fighting a Speeding Ticket in Ontario: The major police forces in Ontario, including Brampton/Mississauga (Peel Region) and Toronto use Laser and Radar speed measuring devices in issuing most Speeding tickets. The highly technical nature of these Speeding trials requires a thorough understanding of the devices used and the corresponding Ontario Speeding precedents. Any Speeding conviction – whether there are Demerit Points involved or not – may affect your insurance premiums.
Speeding is by far the most frequently contested moving violation in Ontario. This sample is an actual court transcript of a speeding trial. After laying the proper evidentiary foundation through cross examination, the trap was sprung and the prosecutor’s case fell apart before her eyes. The presiding Justice of the Peace takes an interest in the finer points of the proper operation of a RADAR unit. We utilized some simple but effective strategies in the defence of this charge.
Speeding is by far the most frequently laid moving violation in Ontario. Speeding is also the most frequently contested moving violation in Ontario. Defending a Speeding ticket presents itself as a significant challenge when the speed is obtained with the use of a technical device such as a Radar Gun or Laser Unit. The success of such challenges is linked directly to the technical understanding and skill-set that your representative possesses. At Mavericks, Speeding is one of our specialties so Call us first!
The Definition of Speeding in Ontario
Simply put, Speeding is defined as travelling in excess of the speed limit. And that speed limit may be posted or un-posted. Posted speed limits are indicated by a sign, and un-posted speed limits are created by statute and drivers are expected to know which speed limits apply to which geographical area they are traveling in.
Proper judicial conduct is of the utmost importance in maintaining the publics’ confidence in the administration of justice. In this case, it was found by the appeal court that the conduct of the Justice of the Peace who presided over the laser Speeding trial, including her criticisms of the Mavericks representative, gave rise to a reasonable apprehension of bias and a new trial was ordered before a different Justice of the Peace.
Speeding defences and Classification in Ontario
Speeding is an Absolute Liability Offence in accordance with the Supreme Court of Canada’s classification of regulatory offences in R. v. Sault Ste. Marie. The Absolute Liability nature of Speeding severely restricts the defences that are open to the driver to advance when contesting a Speeding ticket in Ontario. For example, it is not a defence to Speeding in Ontario that you were Speeding because your speedometer was broken. Further, any other mistake of fact will not be accepted as a defence to the charge. Misreading the posted speed limit; not realizing your vehicle picked up speed going down hill or confusing the miles-per-hour indication on your speedometer with kilometres-per-hour are all examples of mistakes of fact that are not available to the defendant when fighting a Speeding ticket in Ontario.
Where a speed limit sign is erected it will be presumed in court that there is in place a valid subsisting bylaw designating the speed limit in the area as that set out on the sign. This presumption of regularity operates in the prosecutor’s favour and will not be interfered with in the absence of evidence to the contrary.
Things, however, are not always as they appear.
We decided to do some random virtue testing and can you guess what we found? Although the signs were erected, the City of Toronto had not in fact ever passed a bylaw designating the area as a 30 km/h zone. Hmmm :/
The defendant’s Speeding conviction was set aside on appeal.