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Fighting Traffic Tickets in Markham

We love Markham! Below we have put together some interesting facts about the area. If you want to skip on to information about your ticket, see our Shortcut Menu below.

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SHORTCUTS – What You Need To Know Now

MarkhamFight a Traffic Ticket in Markham

With over 65 cultures and languages, Markham is undoubtedly a culturally diverse city. According to the 2016 census, 78% of the city’s population is comprised of visible minorities. In fact, Markham is considered to be one of the most diverse cities in Canada. It possesses a population of more than 330,000 people.

A Markham landmark that depicts its cultural depth is the Cham Shan Temple. This amazing structure is a Buddhist temple established to promote Chinese culture and Buddhist values.

In addition to this temple, many other incredible “must-sees” are a part of Markham. Its restaurants are amazing and worth exploring. As you explore Markham, you will see a wide variety of eateries that reflect this town’s cultural diversity.

Anything from sashimi rolls at the popular Zen Japanese Restaurant to veggie pakoras from Ambiyan are just some of the amazing foods you can explore. Whatever you’re craving, Markham has an abundance of unique cuisines to satisfy your palette.

Does Markham’s Population Have an Influence on Traffic?

No specific reports indicate how Markham’s population has influenced traffic. Though, based on the 2019 report titled “Provincial Offences Court Activity Charges Received and Charges Disposed by Statue,” the numbers suggest that Markham, and York Region as a whole, is not immune to traffic offences.

As with most cities, the most common traffic offence reported here is speeding.  42,486 speeding charges were reported in York Region. The second most common traffic violation was driving without a valid permit with 13,968 charges reported. The third was disobeying a stop sign with 13,575 reported charges.

Is Everyone in a Rush? Why Is Speeding so Common in Markham?

This high number of speeding charges raises many questions including:  Is everyone in a rush in York Region? Based on the numbers cited, this can appear to be the case. However, despite the large number, there is more to consider, such as how speeding is being recorded.

When police believe a driver has been speeding, it should be definitive. They must be certain beyond reasonable doubt that speeding has indeed transpired before they can charge the driver. However, for this to occur there must be specific evidence that confirms this occurrence.

Police officers often use a few methods to measure a marked departure from the posted speed limit. These typically consist of the use of a radar gun, lidar and pacing. However, although these methods are relied on, they are not entirely dependable. There are flaws with each approach.

Radar Gun

Transmits waves that bounce off of a moving object, such as a vehicle. However, the device is reliant on the proximity of the object it is tracking.

The angle must be small and calculated for the speed of a particular object to be calculated precisely. In some instances, other objects aside from the target are tracked without indication to the officer.

Lidar

Uses a laser beam that extends farther away than a radar gun to capture a moving vehicle’s speed. It has the potential to focus exclusively on one object, calculating its speed.

Inaccuracies can arise with a LIDAR device. For instance, sudden movements or failing to aim the device correctly can impact the results. Another vehicle’s speed may be misinterpreted as the target.

Pacing

Involves following a vehicle closely while keeping a suitable distance to measure its speed. This is one of the most flawed methods as not following for 1-2 kilometres consistently may result in an inaccurate recording of speed.

Similarly, losing the pace and then accelerating to catch up to the targeted vehicle results in imprecise measurement of speed. However, it is a practice adopted by many police officers.

Fight a Traffic Ticket in MarkhamHow Does This Relate to Speeding in Markham?

The methods mentioned are practised throughout Ontario. In the York region, speeding is a widespread concern. As reported in 2019, drivers in Markham received a high number of speeding charges.

Though the numbers are high, various factors could be at play. For example, could there have been flaws during the recording process? Is the officer adequately certified? Were actual results noted, or was it just a “pass”? Was the device in suitable working condition? These and other factors should be considered.

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Your matter is unique. You know because you were there! We need to speak to you to determine your free quote, and at the same time you may have your free consultation.
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Jami Sanftleben - Paralegal
Jami Sanftleben, Paralegal

Aitken Robertson Can Defend Against Traffic Violations in Markham

Fight a Traffic Ticket in MarkhamVarious options can be exercised when choosing to fight a ticket in Markham. One option is to take it to trial. By doing so, you can not only contest the charge but also minimize consequences such as jail time, licence suspensions, insurance increases and the accumulation of demerit points.

Stunt Driving

In all of Ontario, including Markham, stunt driving encompasses a range of stunts. These stunts can include wheelies, chasing a car, performing doughnuts, and other related driving behaviours.

The most common stunt involves driving 50km over the speed limit. The consequences stemming from stunt driving include an immediate 30-day administrative licence suspension and a 14-day vehicle impoundment.

If convicted, the penalties are a fine of not less than $2,000, up to $10,000 or to imprisonment for a term up to six months, or to both. In addition, the person’s driver’s licence may be suspended, on a first conviction for up to two years; or on a subsequent conviction, up to 10 years.

Speeding + Minor Infractions

Speeding is common in York Region, and in Ontario overall. In Markham, speeding is the act of driving a vehicle over the posted speed limit. The same also holds true in other parts of Ontario.

Minor infractions include failing to stop at a stop sign, improper lane changes, broken headlights, and failing to yield. Some of the consequences related to these offences may include fines, demerit points, insurance rate increases and other penalties such as licence suspensions, depending on the amount of points already existing on the licence, and what type of licence it is. For example, convictions of running a red light and then not wearing a seatbelt a month apart will get a G2 driver suspended for 30 days.

Fight a Traffic Ticket in MarkhamCareless Driving

In Ontario cities much like Markham, careless driving is the act of operating a vehicle without due care and attention or without reasonable consideration for other persons using the highway. An example of careless driving is falling asleep at the wheel. Careless driving consequences may include fines, licence suspension for up to two years ad imprisonment.

Driving with a Hand-Held Device

Driving with a hand-held in Markham is a form of distracted driving. It is the act of using a mobile phone, tablet, or any other hand-held communication or entertainment device while operating a vehicle. This is considered a traffic violation because using a technological device while driving is a hazard.

Driving Without Insurance

As elsewhere, in Markham, driving without insurance occurs when a driver operates a vehicle without valid insurance. In some instances, a bounced payment can affect insurance coverage. There are consequences for failing to provide this validation when requested.

The fines for a first offence are between $5,000 and $25,000 and for a second offence the fines are from $10,000 to $50,000.  And, as with all provincial offence fines in Ontario, there is an additional 25% victim fine surcharge on top of the fine amount. Additionally, your driver’s licence may be suspended for up to a year.

Driving with a Suspended Licence

Driving with a suspended licence is a provincial offence, but drivers charged with this offence are in some circumstances also charged with the criminal offence of Operation While Prohibited (sometimes referred to as Driving While Disqualified). If you are found guilty of driving with a suspended licence in Markham, and if it is your first offence, the penalties include a minimum $1,000 fine and an additional licence suspension.

If the original suspension was because of certain criminal convictions then the minimum fine is $5.000 and the licence suspension is for a minimum of one year. (A 25 % victim fine charge is mandatory on all fines.) Imprisonment of up to six months is possible and your insurance rates will go up. If it is your second time convicted of this offence, the penalties are even worse.

NO SURPRISE Fee Quote Guarantee

We understand that when you face a traffic charge or another provincial offence, it is a time of great uncertainty. You face options, important decisions, and possible real changes in your life. At Aitken Robertson we are proud to offer you something that you can count on; our NO SURPRISE fixed quote guarantee. We have been doing this a long time, and know what goes into an effective defence at each stage of the process. We don’t bill by the hour or for travel, which makes the overall cost very predictable and ensures cost-certainty for you. So count on this—if we quote you a price, you will not pay more!

Convictions and Insurance

Traffic convictions can have a very negative effect on your insurance premiums, and even your ability to remain insured. Insurance companies are free to set their own policies on such things, but most of them use a scale that increases the premium multiplier with the severity of the conviction. This scale rates convictions as:  “minor,” ”major,” and “serious.” Some minor convictions will have a little to no effect on your insurance, while the major and serious convictions will have a large effect for sure.

All types of convictions will be considered by your insurer for several years, so a minor conviction now and a minor conviction later may cause a pain in your pocket. Although other factors must be considered, at Aitken Robertson we will listen to you and take your goals into account when planning your defence. And then when we break it down, we might find that you may not be in as much trouble as you think!

Demerit Points

When speaking to many valued clients, we have come to realize that some have a misconception about demerit points and their effect on insurance and the ability to drive. Insurance companies don’t really look at demerit points when they funnel you into either the mutual or the high-risk market (i.e. low-cost vs. high-cost market). It is the Ministry of Transportation (MTO) that cares very much about demerit points, and if you accumulate too many in a given period, you could end up getting your licence suspended. Some violations come with zero demerit points, and some come with as many as seven. Also, your level of licence (G or G2 for example) will dictate how many demerit points you can accumulate before entering the danger zone in which your licence is at risk.

Call us today to learn more about the difference between minor, major, and serious convictions, as well as the effect of demerit points on your ability to drive.

How Do I Fight a Traffic Ticket in Markham?

Fight a Traffic Ticket in MarkhamThere are a few options to consider when you receive a ticket. You can plead guilty and pay the traffic ticket online or by another method. Alternatively, you can choose early resolution (meeting with the prosecutor), or you can choose going to trial to fight the ticket.

The option with the highest potential involves going to trial. Although outcomes cannot be guaranteed, taking your case to trial represented by an experienced legal professional, gives you a chance to possibly avoid all the penalties for a given offence.

Depending on the charge, there are penalties such as jail time, licence suspensions, vehicle impoundment and other consequences. Additional drawbacks can include insurance premium increases.

At Aitken Robertson, we know that you have the right to a fair trial. For this reason, we work tirelessly to ensure that you receive the legal support you require.

We offer free consultations during which we can speak with you to obtain a clearer understanding of your situation. Once we have this understanding, we can develop a solid argument backed by appropriate evidence and suitable documentation.

Our services are comprehensive and inclusive. Irrespective of your financial situation, we offer a billing method that is budget-friendly.

This option enables you to receive the legal advice you require without breaking the bank. If you live in Markham, traffic ticket defence is available. Call our office to schedule a free consultation.

Court Information for Traffic Violations in Markham

Traffic violations in Markham are heard at 50 High Tech Rd. in Richmond Hill. Due to COVID-19, appointments are required for in-person court services and can be booked online. The hours of operation are Monday-Friday, 8:30 am – 4:30 pm.

Parking

If you wish to commute here, there are parking spaces available. You can park on the court premises, or you can choose other nearby options such as:

Food

If you’re feeling hungry while you are at the court, here are some options to consider:

  • Chic Pick Catering, offering a taste of the Italian region of Tuscany with various sandwiches, soups, etc.
  • IL FORNELLO, tortellini Alfredo, penne rose, linguini di mare, and many other dishes
  • Abruzzo Pizza, providing Italian pizza and other similar foods
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