Guide to Fighting a Traffic Ticket in Ontario

Why Fight a Traffic Ticket?

Receiving a traffic ticket can be a frustrating experience, especially if you feel you were unfairly charged. However, fighting a ticket can have benefits beyond just avoiding the fine. A successful challenge can help maintain a clean driving record, eliminate demerit points, avoid licence suspension and prevent potential insurance rate increases. Depending on the offence, fighting the ticket may result in a full dismissal or reduction in charges, which could save you both money and future complications.

The process for fighting a traffic ticket in Ontario involves understanding your options, preparing your case, and presenting a defence in court. It can take time, effort, and sometimes even legal assistance, but with proper preparation, you can improve your chances of success.  This guide will provide you with a broad overview of the steps involved, what you can expect, and some tips for ensuring you are successful.

Step 1: Understand Your Ticket

The Information on Your Ticket

Receiving a ticket or summons notice from a police officer is an extremely stressful event – especially if it has never happened before.  It is important to realize that you do have some time to address this, and you will want to avoid a hasty or impulsive response – like quickly paying the ticket online.  When you are in a good mental space, you should review the details of the documents you received and ensure you understand your options.  When reviewing the documents, you should pay specific attention to:

• The type of offence you are being charged with and the section number
• The date, time, and location of the incident
• The fine amount and other possible penalties
• The court date (summons) and/or instructions on how to respond to the ticket

Carefully reviewing your ticket is crucial as it will help you determine whether you want to contest it and prepare your defense.

Different Types of Tickets

Ontario traffic tickets typically fall into two categories – tickets that have a set fine listed on them and summons notices that have a court date. Set fine tickets involve a fixed fine amount and can generally be paid without attending court if that is what you decide to do. Summons date offences require you to go to court and speak to a Judge or Justice of the Peace about how you plan to proceed with the charge.  Typically you would declare that you are either pleading guilty or pleading not guilty and want to discuss resolution options.

Step 2: Decide Whether to Fight the Ticket

Costs of Fighting a Ticket vs. Paying

Before deciding to contest a ticket, it is a good idea to weigh the potential penalties, as well as the financial and time investment of fighting it. Consider the following:

• Total Fines: On a “set fine” ticket, you will know the total fine amount.  With a Summons Notice, there is typically a wide range of fines that are often over $1000.00 at the high end.  There are also potential court costs and surcharges.
• Other Penalties: Many offences carry demerit points, CVOR points, licence suspensions and even jail terms.  You will want to be fully aware of the consequences of the ticket before considering paying it – which is the same as pleading guilty.  In Ontario, the penalties are often not listed on the ticket at all.  You will need to do research or call an office like ours to find out what kind of impact the ticket will have.
• Time investment: Navigating the Ontario court system is complicated, and you will not receive very much guidance.  You will need to familiarize yourself with the system and what is expected of you if you plan to do things on your own.  Trials can take several hours or even days, and they might involve multiple appearances.  This can be one of the advantages to hiring a skilled legal representative who will generally handle everything with little or no involvement from you required.
• Insurance consequences: A conviction (finding of guilt) could affect your insurance premiums, but successfully fighting a ticket may prevent that.  While predicting the impact on insurance rates is difficult, there are ways to mitigate how likely, or how much, an increase will be.  By fighting the ticket, you can keep it off your record for the duration of the case, and this will often avoid letting your insurance company find out about it right away.

Potential Outcomes of Fighting a Ticket

• Dismissal: The Judge or Justice of the Peace may rule in your favour if the evidence is insufficient or there’s no legal basis for the charge.
• Withdrawal: This generally happens when the prosecutor agrees that their case is weak or as a part of a “plea deal”.
• Reduction: The prosecutor will sometimes agree to resolving the ticket(s) to a lesser offence.  This typically means that the fines, points and other penalties are lowered, and you will be pleading guilty to the new substitute offence.
• Guilty: Sometimes things will not go your way and you will be found guilty of the offence despite your best efforts.  This can happen if you conduct a trial and are found guilty, or you may decide to plead guilty to the original offence if you are concerned about potentially higher penalties if you lose the trial.

Step 3: Options for Responding to a Ticket

Option 1: Plead Guilty and Pay the Fine

This is the simplest option, but usually the costliest. You accept the ticket and pay the fine.  This is the same as pleading guilty.  This will result in a conviction on your record, and you may face demerit points, potential suspension, and insurance implications.  If you are unsure of what the penalty will be, you are welcome to contact us for a free assessment of the ticket.  Remember – in Ontario, the details about the penalty are not usually listed on the ticket.  It is up to you to find that out.

Option 2: Plead Not Guilty and Fight for a Reduction

You may agree that you did something wrong, but think that you should be entitled to some compassion and leniency.  If so, this may be the right route for you.  We have a lot of clients that reflect on the fact that they did commit the offence and feel apprehensive about fighting the ticket because of that.  We always reassure them that even if you did commit the offence, there is often room to be shown leniency and be given a break.  If you can present a relatively strong defence and bring valid points to the table, the reductions can be very significant.  We do find that our reputation and relationships with the prosecutors make a huge difference when it comes to these “plea deals”. Keep in mind that the ticket states that you will need to respond within 15 days of receiving it.

Option 3: Plead Not Guilty and Request a Trial

If you are confident that you did not commit the offence, then this is likely the best option for you. You will have a chance to present your side of things to a Judge or Justice of the Peace.  The prosecutor and police officer will also have a chance to present their arguments against you.  The verdict for these cases can be unpredictable and trials are sometimes lengthy and complex.  Seeking legal assistance from an experienced traffic ticket lawyer or paralegal for conducting a trial is typically recommended since you really only get one chance at it.

Step 4: Preparing for Your Hearing

Requesting Disclosure of Evidence

You have the right to request disclosure of the evidence the prosecution has against you. This might include the officer’s notes, witness statements, and any relevant photographs or video footage.  This generally will not be provided to you unless you request it properly.  This is a very important step for understanding what options you will have with the case.

Review the Officer’s Notes

The officer who issued the ticket is required to submit notes that outline their observations during the incident. Reviewing these notes can help identify inconsistencies, inaccuracies, or gaps in the evidence. You will need a good understanding of the essential elements of an offence and what must be proven to realize what is and is not required in the evidence.  An experienced representative will know what to look for that may end up being an angle that can be used for your defence, so it may be a good idea to consult one.

Investigate the Facts and Evidence

Gather any additional evidence that could support your case. This might include documents, weather reports, witnesses, photographs, or expert testimony that can dispute the officer’s account of events.  Sometimes little things can make a big difference.

If you have witnesses who can corroborate your version of events, be sure to have them ready for your trial. Additionally, any physical evidence, like photos or video, should be collected, organized and provided to your legal representative.

Legal Defence Concepts

The legal system in Ontario is complicated and what is considered a valid defence is often quite specific.  While it would be impossible to list all of the potential defence strategies in this guide, here are some very general and common defense concepts for traffic ticket cases:

• Mistake of fact: Arguing that you did not commit the violation due to a misunderstanding of the situation.  Essentially arguing that you did not do what the officer claims you did.
• Necessity: Arguing that you broke the law to prevent a greater harm.  This is extremely difficult to apply to a traffic ticket case and generally means that if you did not break the law, there is a good chance that someone would have died or been seriously hurt.
• No evidence: Arguing that the prosecution has failed to provide sufficient evidence to prove your guilt.  Every offence has a series of “essential elements” that the prosecutor needs to show were met.  Understanding what the prosecutor is required to prove is critical so that you do not accidentally do it for them during your testimony.

Common Traffic Ticket Defenses

There are hundreds of different offences in the Highway Traffic Act, and thousands of different scenarios that can be involved.  This is why having an experienced representative with years of dealing with these types of cases can be an invaluable asset to your case and odds of success.  To give you an idea about the sort of approaches that can be used in this guide, here are a few of the more common potential points of defence for a traffic ticket case:

• Lack of Evidence: If the officer cannot provide sufficient evidence to support the charge, the court may dismiss the case. This can mean that it is unclear whether or not you actually did the thing you have been accused of. 
• Improper Signage: Sometimes, traffic tickets are issued due to unclear, obstructed, or missing road signs. If you can prove the signage was inadequate, you may have a valid defense. It is often best to return to the area and take photos of the signs if possible.
• Mistaken Identity: If the officer mistakenly identified you or your vehicle, you may be able to prove that you were not the one who committed the violation. This comes up in document-based violations around insurance or other regulatory issues.
• Officer Error or Inaccuracy: If the officer made a mistake in their report or failed to follow proper procedures, you could use this as a defense. Often seemingly small technical errors are enough to have a ticket dropped or leverage a favourable “plea deal”.
• Other Common Defence Ideas: Lack of proper calibration of radar equipment (Speeding), Unclear traffic laws or regulations that leave room for interpretation, Defective traffic control devices or poor signage, etc.

We have a page dedicated to common Traffic Ticket Myths if you are interested in reading more about some of the strategies that do and don’t work when it comes to defending against a ticket.

Step 5: Your Day in Court

What to Expect at a Hearing

If you are attending court for the First Appearance on a Summons Notice case, a “to be spoken to” date, or a date to discuss potential resolution, you will be expected to speak to the Judge or Justice of the Peace in open court.  It is important that you are prepared to do this because it can be a very intimidating experience. 

Many courts will have a clerk or prosecutor that will talk to you beforehand to figure out how you wish to proceed with the hearing that day.  Since the courts are very busy, they will often seem rushed or frustrated but try not to take that personally.  Ensure that you are prepared and have a plan for how you wish to proceed with your case prior to attending so that you can ensure it goes smoothly.

Alternatively, hiring a traffic ticket lawyer or paralegal will usually mean that you do not need to attend court at all.  We would be able to make the court appearances on your behalf and ensure that your interests are being protected.  Not only can this alleviate a lot of anxiety around attending, it may also save you time, money and ensure that you achieve the best result possible.

What to Expect at a Trial

If your court date is scheduled as a trial, you’ll be expected to present your case before a Judge or Justice of the Peace. The officer will also present their evidence. The trial process may include:

• Opening statements
• Presentation of evidence
• Cross-examination of witnesses
• Closing arguments

How to Present Your Case

It will be important that you are properly prepared for each of the phases of the trial.  Due to the complexity of a trial and the knowledge/skills required to conduct one properly, you may wish to consider hiring a representative to assist you.  It is crucial that you present your defense clearly and concisely. Stick to the facts and avoid becoming emotional or argumentative. Remember, it’s about demonstrating that the prosecution has not proven the charge beyond a reasonable doubt.

Courtroom Etiquette and Behavior

It’s important to maintain respectful and professional conduct in court. Be polite, address the Judge as “your honour” or the Justice of the Peace as “your worship”, and avoid interrupting others.  It is highly recommended that you attend in appropriate clothing – similar to what you would wear to a job interview.  How you are “perceived” can be very important when it comes to convincing someone that you are credible.

What Happens If You Don’t Show Up for Your Hearing

Failure to attend your trial can result in a conviction in absentia, meaning the court will find you guilty in your absence. It is very important that you do not miss your hearing date.  If you cannot go, you may be able to hire a representative from our firm even on very short notice so that you have someone there to request that it is rescheduled.  Please let us know if we can help.

Step 6: Possible Outcomes

Not Guilty Verdict

At Trial, if the Judge or Justice of the Peace finds that the evidence does not support the charge, you will be found not guilty, and the ticket will be dismissed.  The prosecutor can also withdraw the charge if appropriate or if that has been agreed to during resolution discussions.

Guilty Verdict

If you are found guilty at trial, you may be required to pay the fine and face other penalties such as demerit points or a license suspension.

Reductions or “Plea Deals”

In some cases, the prosecutor may offer a reduction in penalties or a plea bargain. For example, if you admit to a lesser violation, you may avoid a more serious conviction.  The Judge or Justice of the Peace will always need to approve this arrangement, so it will still need to be jointly presented to them and you will need to attend court unless you have a legal representative doing it for you.

Step 7: What to Do After the Verdict

Paying the Fine and other Penalties

After the verdict, you will be mailed something called a Notice of Fine and Due Date if there is a fine to pay.  This will outline how to pay the fine, when it is due and the methods of payment.  Failure to pay the fine in time will usually result in an automatic licence suspension.  There may be options to extend the due date or get onto a payment plan if you contact the court.

You would also receive information from the MTO about a licence suspension if applicable.  It is very important that you do not drive with a suspended licence, so make sure you understand the process of how to surrender the licence and how to reinstate the licence once the term has ended.

Appealing or Reopening a Conviction

In some instances, there may be grounds to appeal a guilty verdict, but this is a complicated process and it would be highly recommended to consult a traffic ticket lawyer or paralegal to determine what the odds of a successful appeal will be.  It generally has to be that some very obvious error was made.

There is also a process to “reopen” a ticket if you were found guilty by “no fault of your own” and missed a court date or documents did not get properly filed.  This process has a number of strict requirements, so once again it would be advisable for you to call us to discuss it.

Impacts on Your Driving Record and Insurance

Unless your insurance policy states otherwise, you generally are not required to tell the insurance company about tickets you have been found guilty of.  They often do an annual abstract check around renewal time and would find out on their own.  A conviction can result in demerit points and an increase in insurance premiums. If you successfully fight the ticket, you can sometimes mitigate this.

Conclusion

Final Thoughts on Fighting a Ticket

While challenging a traffic ticket may require effort or money, it is usually worthwhile if you have a defence strategy or skilled representative that will ensure your case goes smoothly. Weigh the costs and benefits carefully before deciding what to do.  Typically, the cost of your insurance rates increasing or the impact that a licence suspension would have on you is life changing.  In this guide, we explored the potential benefits to fighting a ticket rather than paying it and the various options available to you if you decide to do it.

When It May Be Better to Pay the Fine

In some cases, especially when the evidence against you is strong and the penalty is relatively low, it can be best to just pay the fine and move on.  Just remember that once this is done, it can be difficult or impossible to undo.  If your insurance rates go up in 6 months, it will be too late.  We are happy to review your options and ensure that you fully understand what the consequences will be before you pay the fine.  If you feel like it is best to just pay your fine, we have some additional information about that Here.

Seek Legal Assistance

If you are unsure about your case, consider seeking legal advice.  While many of the basics were covered in this guide, defending a traffic ticket in court is an extremely complicated process and the rules/laws continue to change and evolve almost every day. There are several resources available, including paralegals and lawyers specializing in traffic law.  The Ticket Shield office has been helping people with exclusively traffic tickets for over 10 years and has successfully concluded thousands of cases.  We have an excellent reputation with the courts and relationships that can be leveraged to your benefit.  More importantly, we can ensure that you receive the best possible result for your case in a way that is not stressful, complicated or expensive. 

We almost always save our clients a lot of money in the long run, so please take us up on our offer to give a free consultation.  There is no obligation to proceed with anything and we would enjoy speaking with you.  Please give us a call or establish contact with us using the form below or check out our Why Choose Us page that outlines our experience, qualifications, and ultimately what makes us an excellent choice for representation with your case.

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