How to Fight a Speeding Ticket
Speeding is the most common reason for being issued a ticket in Ontario. Ticket Shield is able to provide you with guidance and defend you against Speeding charges to minimize or avoid any impact it would have on you. Speeding tickets usually involve a fine, demerit points, increased insurance rates and sometimes a licence suspension. Even speeding charges with 0 demerit points CAN affect your insurance rates so having an experienced traffic ticket lawyer or paralegal assess your case is recommended.
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What is Speeding?
While it may seem self-explanatory, we should always look at the actual law. Section 128 of the Highway Traffic Act, RSO 1990, c H.8 states: “A person is found guilty of this offence when driving a vehicle at a rate of speed that is greater than the posted speed limit.”
What is the penalty for speeding?
The penalty for Speeding is as follows:
- 0-15 km over: 0 demerit points
- 16-29 km over: 3 demerit points
- 30-49 km over: 4 demerit points
- 50+ km over: 6 demerit points, license suspension, possible charge of “stunt driving”
- Minimum Fine: $2.50 per km over the speed limit
- Maximum Fine: $9.75 per km over the speed limit
- Possible license suspension
- CVOR points for commercial motor vehicle drivers
Will a conviction affect my Insurance Rates?
Even a 0 demerit point speeding ticket can affect your insurance rates if you are convicted. The more speeding tickets you accumulate, the more likely it is that your insurance rates will increase, and the less likely the prosecutor will be to lower your subsequent tickets.
How can I fight a Speeding ticket?
As with any ticket you given, the first thing to investigate is whether there are any avenues to have it dismissed or withdrawn entirely. Only in situations where there is no reasonable option to eliminate the charge should you even consider a negotiated reduction instead. Given the potential consequences of this offence, even a large reduction can still mean you will be suspended or your insurance could increase.
Similarly, if you end up deciding that a negotiated reduction (plea deal) is a better option for you, it is imperative that you understand what you are agreeing to. Depending on the speed, a number of different reductions may be possible. We have handled thousands of similar cases and can provide you with the experience and insight required to know if you are really getting the “best” the prosecutor is willing to offer.
What is a defence to Speeding?
Unfortunately, speed is considered to be an “absolute liability” offence. Essentially, this means that you cannot provide an “excuse” or “reason” for your speed. If the prosecutor can prove you were going over the limit, the Justice of the Peace will find you guilty with few exceptions.
So how can you defend against the ticket? There are a number of requirements that need to be met for the prosecutor to create a convictable speeding charge. While it may seem like a pretty straightforward offence, there is a lot of nuance to it. For example, did you know that the clocking equipment needs to be properly tested and calibrated every day for it to be considered functional? This can be an avenue to explore.
While the defence against speed is complicated, Ticket Shield has the experience and knowledge to assist you with making sure that the officer and prosecutor followed all of the protocol that they need to with your ticket. We put a lot of effort into developing relationships with the prosecutors in each specific court and have found that this makes a huge difference during the negotiation stages. The chance of success is likely much higher than you think.
Is travelling with the flow of traffic or conducting a pass a valid defence for speeding?
As mentioned above, speeding is an “absolute liability offence”, which means that you will not be able to provide a “reason” for your speed as a valid legal defence. That said, if we very carefully frame what happened, there is a chance that this would help generate leniency. You will want to be extremely careful with what you say because admitting that you were speeding can be the difference between the success and failure of your case. It is generally a good idea to speak with a Ticket Shield representative about this prior to any discussion with the prosecutor.
Does the officer need to show me the radar gun if I ask?
In Ontario, there is currently no requirement for the officer to show the defendant the clocking equipment reading – even if you ask. Many of our clients find the lack of “proof” of speed to be very concerning. As of right now, it is very common that the only evidence being relied on is the verbal/written testimony of the officer. Typically, there are not any videos, photos or print-offs that indicate your speed.
Methods of “Clocking” Speed
The Police forces in Ontario use four primary methods to detect drivers committing the offence of speeding. These methods are Radar, Laser, Aircraft Patrols and Pacing. Speeding is the most common offence issued to drivers in Ontario, but also one of the offences we have a lot of success defending against.
The methods to measure and detect speeds are very accurate, which can make defending against the charge of speeding difficult for an unrepresented person. However, with knowledge of the strict requirements of the officer to setup, operate and test the equipment properly, there are often avenues for a strong defence. Even a small error in procedure can be enough to have the charge withdrawn or dismissed. Licenced Paralegals are trained and educated to locate these, often small, errors and use them to try to have your charge dismissed.
Radar
Radar is used from either front or rear mounted antennas on police cruisers. They can be used while the cruiser is stationary or moving. While stationary, police officers will often manually point the radar at approaching vehicles. This is the method being used when you see cruisers stopped along the road with a device that looks sort of like a telescope in their hand. While the cruiser is moving, the mounted radar can detect the speed of both oncoming vehicles, and vehicles going the same direction.
Laser or Lidar
Laser or Lidar can only be operated from a stationary position. The device is typically mounted on a stand or tripod where the officer can look down the sight to pin-point which vehicle is being “clocked”. The officer will see a magnified view of what is being looked at, much the same as a scope on a rifle. By aiming the laser at a flat part of the front of a vehicle (typically the license plate area) they are able to record a very accurate speed measurement from an extremely long distance away.
Aircraft Patrol
Aircraft Patrolling is used to catch drivers speeding in a way that is often difficult to notice until they have already been caught. This method is typically used up around cottage country when there is an abundance of traffic from people going to and from their cottages. The police officer in the aircraft uses a computer tracking system, which is able to calculate the time it takes for a vehicle to travel between two locations. They are able to calculate the average speed of a driver by the time it takes to travel between the road markings. These patrols are partnered with a ground-based team which is notified of the speeding vehicle and able to conduct the traffic stop to issue the ticket.
Pacing
The last method of measuring speed is called pacing. This method is not used as often now due to the technological advancements available today. This method of speed detection is rather simplistic, and is done by matching the cruiser’s speed with a vehicle that they are following. By matching the speed, the officer is able to use their own speedometer to record an average speed of the vehicle in front of them.
What is a “Roadside Reduction”?
In some cases, a police officer that stops someone for speeding will record a speed on the ticket that was less than what their radar equipment actually “clocked” the person at. This is an attempt to discourage people from fighting their tickets, and the officer will sometimes even tell the driver that the recorded speed could “go back up” if they fight it. This is practically never the case if the matter is properly handled by an experienced paralegal or lawyer.
Can I still fight a reduced speeding ticket?
Yes. There are still plenty of opportunities to have the charge either withdrawn, dismissed, or an even further reduction.
What is a “Community Safety Zone”?
Community Safety Zones are usually residential areas or roads with a school. Construction zones are also considered “community safety zones”. Your fine can be doubled if you were charged in a community safety or construction zone with workers present. Some insurance companies will treat your ticket as more serious if it is noted to have been issued in one of these zones. Any speeding conviction will stay on your record for 3 years.
Do Speeding Camera tickets impact my insurance rates?
As of right now, tickets issued using “Automated Speed Enforcement Systems” (cameras) do not carry demerit points and generally do not impact insurance. More information about this can be found here.
How will Ticket Shield help you fight your Speeding Charge?
Ticket Shield spends the necessary time on your case with the purpose of eliminating the charges completely by having them withdrawn or dismissed. If this is not possible, we will negotiate with the prosecutors to shield your demerit points, protect your license from being suspended, negotiate for the lowest fine available, and ultimately, keep your insurance rates as low as possible.
Ticket Shield begins preparing your defence with requesting a disclosure pack from the prosecutors. We make a very specific request that requires them to provide the Police Officer’s notes, witness reports, radar manuals and calibration notes (if applicable), and any other relevant evidence that they plan to use against you. By obtaining these documents prior to your court date, we can review them with you if we have any questions, and prepare a defence based on all of the information.
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