Should I Fight My Speeding Ticket?
By law, everyone should drive within the posted speed limit. Failure to do so could result in a speeding charge.
On conviction for speeding, if you did not receive a driver’s licence suspension by the Court, you will receive 3, 4 or 6 demerit points depending on how many km/hr of the posted speed limit you were travelling. Your driver’s licence could be suspended by the Registrar if you accumulated enough demerit points. For detailed information about how the demerit point system works, please refer to the Demerit Points s.128.
The convictions will be kept on your driving record for three years and your vehicle insurance could be increase based on the convictions should your insurance company find out. For information about how traffic tickets impact insurance, please refer to the section “Insurance Premiums”
If you were driving 50 kilometers or more than the posted speed limit, you are not only subject to a fine of $9.75 for each kilometer per hour over the limit you were travelling, you may also face a suspension of your driver’s licence for a period of 30 days for a first conviction, up to 60 days for a second conviction, or up to one year for any subsequent conviction within a five-year period.
You also need to be aware that the fines will be doubled if you were speeding in a construction or community safety zone.
The following table is a further explanation of the penalties:
|Demerit Points||Licence Suspension||Fine|
|50 km/h or more||6||First conviction: less than 30 days;|
First subsequent conviction (within 5 years): less than 60 days;
Any additional subsequent convictions: less than 1 year.
|$9.75 for each kilometre per hour ($487.50 or more)|
|30 to 49 km/h||4||–||$7.00 for each kilometre per hour (up to $350)|
|16 to 29 km/h||3||–||$4.50 for each kilometre per hour (up to $135)|
|* If speeding in construction zones or community safety zones, the fine will be doubled and the suspension could be up to 2 years.|
Another important point is, if you drive too fast, you could be charged with racing or stunt driving which are more serious offences and prohibited under s. 172 (1) of the HTA. For detailed information, please refer to “Racing, Contesting or Performing Stunts”.
Speeding is one of the few absolute liability offences in the Highway Traffic Act which means that there are almost no statutory defences available. There may be some common law defences available to you with the assistance of experienced legal representation. In order to prove the case, the prosecution is required to prove several key components regarding speeding charges, such as who was driving, the method the officer used to confirmed the speed, etc. Failure to prove these things offers you an opportunity to win your case if you can show that the prosecution has not proven the case beyond a reasonable doubt.
For more possible general defence, please refer to the section “General Defences for Traffic Tickets”.