TRAFFIC TICKETS: WHAT YOU NEED TO KNOW
Introduction
"I just received a ticket!!...so what is it?"
This is a provincial offence, not a criminal charge. A provincial offence could only affect a job prospect if is driving related (e.g. courier or transport driver). It will not affect travel or volunteer work. It may affect your insurance premiums.
Step One - Identify the Commencement of Proceedings
Step Two - Know what you are charged with and its consequences
Step Three – Research your choices
Step Four – Take positive action
You are not guilty of a charge until a guilty verdict has been accepted either by pleading guilty or being found guilty. There is no public record until a conviction - only then could your insurance company contact the Ministry of Transportation to find your charge.
STEP 1 - Commencement of Proceedings
You will have been issued one of two types of tickets - either a "Part I" or a "Part III." The names sound confusing but simply refer to the relevant section of the Provincial Offences Act under which they are issued.
- ICON - Identifies the Ontario Court
- Offence Number - Your Ticket number can be tracked at any Ontario Provincial court
- Printed name - the Officer who believes you have committed the offence
- Name – Your name
- Address – Your current address
- Driver's Licence Number – Your Drivers Licence number and Province of issue
- Birth date – your date of birth
- Sex – Your gender
- Motor Vehicle involved – Check box, bicycles and pedestrian charges are also issued through this form
- At – the location or intersection of the offence
- Municipality – jurisdiction in which this offence took place
- Did commit the offence of – short form wording for the offence committed
- Contrary to - the Provincial Offence specific act violated
- Sect. – the specific section under that act which describes the offence
- Plate Number – licence plate number if a motor vehicle is involved
- Year – Year of the registration for the vehicle plate
- Make – make of the motor vehicle
- Collision involved – check boxes was this an accident
- Witnesses – was this with witnesses or a single motor vehicle accident without witnesses
- Commercial motor vehicle – check boxes and room for a CVOR identification number (for Transport truck)
- Certified service - check boxes - was personally served on you
- Signature – officer who served/handed you this notice
- Officer Number – his badge or heart Number
- Platoon – shift or duty assigned to
- Unit – division or duty he is working
- Set fine – fine set by the Chief Justice of the Ontario Court of Justice
- Total Payable – the Set fine plus a $5.00 court cost and applicable Victim fine Surcharge
- Ontario Court of Justice – Location of Provincial Offences Court
You now have 3 – 4 options depending on the Jurisdiction (region in which the ticket was issued).
Option 1 - Pay the fine: either attend at your local Provincial Offences court to pay the fine in person or forward your payment by signing the back and using the enclosed self-addressed envelope provided. The methods of payment available are: http://www.paytickets.ca/, cash, cheque, debit, Visa or MasterCard.
Option 2 - Plead guilty with an Explanation or Walk in Guilty Plea: be careful with this as it is accepting the exact charge you have been charged with and your explanation will only go to the amount of the fine or the time to pay the fine. If you choose this option, remember that the Justice of the Peace can:
- Find you guilty of the charge and reduce the only the fine not the points.
- Give you an extension of time to pay the fine.
The Justice of the Peace can not:
- Reduce the charge or points
- throw out the charge or find you not Guilty
Option 3 - Trial Option: attend at any Provincial Offences court in Ontario and complete a Notice of Intention to Appear form. This form will be forwarded to the court in the jurisdiction where the ticket was issued in order for a trial to be set. Some Jurisdictions do not allow you to complete a Notice of Intention to Appear in a neighbouring Jurisdiction and instead you must complete the back of the ticket and forward it by mail to the court. Always keep a copy of the ticket in this instance.
Option 4 (not available in all jurisdictions) - First Attendance: You have the option of requesting a First Attendance Meeting with the Prosecutor to discuss your charge. The Investigating Officer will not be in attendance at this meeting. The Prosecutor will consider the circumstances of the offence, your driving record, and your ability to pay the fine.
As a result of this meeting your matter may be resolved by way of a guilty plea to the original charge or to a lesser charge (if offered by the Prosecutor). If resolved, you and the Prosecutor will appear before the Justice of the Peace for your guilty plea. If you plead guilty, you will be found guilty, or if the matter cannot be resolved, your trial option will remain and you can set a trial date.
The Prosecutor may or may not have the officer or witness's evidence available to them for this meeting.
IF YOU DO NOTHING – should you ignore or forget the ticket you will receive a notice of conviction identifying your conviction. Failure to pay the fine within the allotted time after receiving this notice will result in suspension of your driver's licence. You will owe not only the price of the ticket but the fee for reinstatement of your licence, presently $150.00, to the Ministry of Transportation.
Part III - Provincial Offences Summons: Anatomy
- CD (NUMBER) - Of no importance to you; only the officer tracking his individual charges
- When the offence is alleged
- Who is the alleged defendant (you)
- Where the alleged offence took place
- What you need to do – appearance, court location, date and time.
The purpose of this document is to ensure your attendance in court for more serious Provincial offence charges. There are no out-of-court settlements (fines) and sentencing can only be done by the court.
A conviction on a Highway Traffic Act charge which proceeds by summon is subject to a fine of not more than $5000.00 and, depending on the charge, a period of custody (jail). A conviction of Compulsory Automobile Insurance Act is subject to a minimum fine of $5000.00 and each subsequent conviction by another $5000.00.
Things to remember:
- Your attendance is required on the noted date and time.
- This court date is to set a date for trial or to plead guilty.
- The officer who issued the summons will not be at court.
- If you do not attend the summons date a trial date will be set in your absence. You will not receive notice of the new date; it is your responsibility to contact the court for the trial date.
- If you fail to attend your trial, a trial will take place in your absence and if the evidence supports the charge a conviction will be registered with 15 days for any fine to be paid.
Step Two - Know what you are charged with and its consequences
Careless Driving Section 130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.
Careless Driving is one of the most serious offences in the Highway Traffic Act. The definitions and elements of the charge are driving without due care and attention to the road and traffic conditions.
A conviction for careless driving will severely affect your driving ability. The charge carries 6 demerit points which may dramatically influence your insurance policy (a major conviction). The insurance company may cancel your insurance or put you into the high risk or facility insurance rates; thousands of dollars per year. Your rates will remain high for 3 to 6 years depending on your policy and insurance company. Coupled with an accident, owning a vehicle will be extremely difficult.
Consequences of a Careless Driving violation
Part I
- 6 demerit points
- Part 1 – total payable fine of three hundred and twenty five dollars ($325.00)
- Conviction registered on your driving record for three years
Part III
- 6 demerit Points
- as much as total payable fine of $1250.00 ($1000,00 +$5.00 court Cost + Victim fine surcharge)
- and/or prison for not more than six (6) months
- and/or a licence suspension for not more than two years
- Conviction registered on you driving record for three years
Scenario 1 – a client was turning right at a red light at an intersection. A pedestrian, hurrying to make the 'walk' signal, ran out toward the vehicle tried to stop when the vehicle advanced forward. The road was wet and the pedestrian fell breaking her arm. No contact with the vehicle was made. The driver of the vehicle was charged with Careless Driving for not paying attention in not stopping for the pedestrian and told it was a minor offence as there was a out of court fine that could be paid. The driver was in contact with the pedestrian later in the day and understood her injuries were minor and she was okay. She had no long lasting effect and did not lose work time. He paid the Careless Driving fine taking responsibility thinking he should have rechecked to his right before making the attempt to turn right on the red. Six month later he received a letter from the insurance company, he had been associated with for the last 12 years, indicating his insurance would be cancels in two weeks due to the Careless Conviction. In trying to find a new insurance provider he was met with premiums from $8000 to $12,000 per year. This was the first charge/claim made by the client to the insurance company.
Scenario 2 – a 78 year old gentleman was driving home one evening when the roads were snow covered and slick. Rounding a curve in the road his vehicle hit a slippery portion and slid into the ditch knocking over a speed sign post. He reported the accident as there was property damage to the sign and was charged with Careless driving. He paid the fine as he felt he should have been more careful. He had no other charges ever on his record so felt the consequence of this one would be fine. His insurance was cancelled as he was an older gentleman and his Driver's licence was subject to review as he was approaching the senior year when your licence is subject to review. He was unable to drive for a six month period until we were able to assist in have the charge appealed and charges reviewed. At completion with our office his insurance was reinstated with no increase from the original cost and his licence was renewed without review.
Red light – Fail to Stop Section 144(18) - Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18).
Failing to stop for a red light: either you stopped or you didn't; it's an absolute liability. This is not subject to your ability to stop - a car too close behind, slippery roads or unable to stop safely. The amber light allows for discretion and circumstances - the red light does not. Although it sounds open and shut there are issues that a qualified agent can argue on your behalf. The road markings, stop line and cross walks; function of the traffic signals.
The industry – courts, police, insurance companies, and the Ministry of Transportation, view a 'Red Light' charge as a serious offence (major conviction) viewing that the driver is driving without consideration for others legally utilizing the intersection; putting themselves and others at high risk of a serious accident. In Ontario the government has recognized this offence serious enough to warrant the use of 'Red Light Cameras' is some jurisdiction This allows the monitoring and charging motor vehicle owners without the need of police man-hours.
Consequences of a Red or Amber Light Violation
- 3 demerit points
- total payable fine up to one hundred eighty dollars ($180.00)
- conviction registered on your driving record for three years
- increased insurance premiums
Stop Signs Section 136. (1) Every driver or street car operator approaching a stop sign at an intersection, (a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and...
The requirement of the officer is to prove to the court beyond a reasonable doubt that you did not come to a complete stop, absolute liability. There is no requirement of the length of stop i.e. one Mississippi, two Mississippi, only that you stopped. As with a traffic signal charge, specifics as where the road marking are positioned and the location of the stop sign are only some arguments that can be made. As with a red light charge impressions with in the industry are that there is a blatant disregard for highway rules. A rolling stop is not completing a proper stop and can be detrimental to your driving reputation.
Consequences of a Stop Sign Violation
- 3 demerit points
- total payable fine of one hundred ten dollars ($110.00)
- conviction registered on your driving record for three years
- possible increased insurance premiums
Turns Depending on the turn/move action there is not one specific charge but rather several different sections which deal with turns; at intersection, from a private drive, from a curb lane to a curb lane and lane changes, moving from one lane to another. There is a very high expectation of a driver making the turn/move to do so in the most efficient and safe way possible. Moving your vehicle across or into the path of another moving vehicle must be done in safety. These type of violations are strict liabilities, a due diligence defence is available. Conditions and elements of a charge vary dependant on the specific charge. It is recommended you thoroughly research the charging section or solicit assistance.
Consequences of a Turn Violation
- 2-3 demerit points
- total payable fine of one hundred ten dollars ($110.00)
- conviction registered on your driving record for three years
- possible increased insurance premiums
Follow Too Close Section 158. (1) The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway. R.S.O. 1990, c. H.8, s. 158 (1).
This is an extremely difficult charge for the Prosecutor to prove. If you are charged with a follow too close charge it is recommended that you seek professional assistance.
Consequences of a Follow Too Close Violation
- 4 demerit points
- total payable fine of one hundred ten dollars ($110.00)
- conviction registered on your driving record for three years
- possible increased insurance premium
No Insurance Section 2 Compulsory Automobile Insurance Act (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,
(a) operate the motor vehicle; or
(b) cause or permit the motor vehicle to be operated,
on a highway unless the motor vehicle is insured under a contract of automobile insurance. 1994, c. 11, s. 383; 1996, c. 21, s. 50 (3)
Very, very costly. The owner of the vehicle is responsible and will be charged if their vehicle is stopped on a highway without full and complete insurance coverage. A very technical argument with the fine for a first offence of $5,000 for your first offence and $10,000 for the second. Registered own can be a vehicle you have owned for years of one you have just purchased. Always call Highway Traffic Agent for assistance with this charge.
Drive under suspension Section 53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver's license is suspended under an Act of the Legislature or a regulation made there under is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1).
Why were you suspended? Unpaid fine? Judgement? Points? Court ruling? Depending on the jurisdiction, circumstances of the officer stopping you and the reason for the suspension you defense will vary. Always call Highway Traffic Agent for assistance with this charge.
Seatbelt Section 106 (2) Every person who drives on a highway a motor vehicle in which a seat belt assembly is provided for the driver shall wear the complete seat belt assembly as required by subsection (5). 2006, c. 25, s. 1.
The key here is 'wear the complete seatbelt assembly.' By pulling the chest strap behind you back or under your arm you may be found guilty of this charge. The seatbelt must be worn as it was designed. The seriousness of a seatbelt charge comes with the impression of your insurance company. It is believed that if you are not wearing your seatbelt and if involved in an accident the financial cost to the insurance claim will be huge - time off work, vehicle repairs, physiotherapy and personal damage.
Consequences of a Driver fail to wear complete seatbelt assembly
- 2 demerit points
- total payable fine of one hundred ten dollars ($110.00)
- conviction registered on your driving record for three years
- increased insurance premium
Speeding Section 128. (1) No person shall drive a motor vehicle at a rate of speed greater than posted or prescribed speed.
Speeding is an absolute liability - there is no excuse.
"I'm late for work"
"My mother just called and she sounded distressed"
"I'm late to pick up my 5 year from school"
"My speedometer doesn't work"
"I was passing slower moving vehicles"
"I didn't see the sign"
By testifying that you were speeding but not that fast you will be found guilty. The requirement of the officer is just to prove you were speeding, and then you are guilty. The points and fine will be assessed according testimony from the officer as to how fast you were speeding.
There are no 1 or 2 point speeding offences - only 0, 3, 4 and 6. Speeding 0 – 49 klm/hr over the speed limit will be issued on a Part I - Offence Notice, with an 'out of court set fine'. Any speeds in a Community Safety Zone will be dealt with in the same manner; however, the fines are double the set fine. With 50 klm/hr and 35 klm/hr in a 'Community Safety Zone' the officer will issue a Part III summons to appear in court. Six point speeding convictions may result in having your license suspended for 30 days.
A speed of 50 klm/h over the limit or more will dramatically affect your insurance rates by thousands of dollars each year. This type of offence is considered a major conviction. In mounting a defense to a speeding charge it is imperative that you know the type, manufacture and requirement of the speed measuring device utilized to capture your speed. To prove the speeding allegation the officer has to complete certain obligations prior to the evidence being accepted as accurate. The equipment used may change depending on different police agencies.
Out of court set fine
| 0 -15 klm | $2.75 per klm | 0 demerit points |
| 16 – 29 | $3.75 per klm | 3 demerit points |
| 30 – 49 | $6.00 per klm | 4 demerit points |
| 50 + | $9.75 per klm | 6 demerit points |
Statutory fines at Trial
| 0 -15 klm | $3.00 per klm | 0 demerit points |
| 16 – 29 | $4.50 per klm | 3 demerit points |
| 30 – 49 | $7.00 per klm | 4 demerit points |
| 50 + | $9.75 per klm | 6 demerit points |
Consequences of a Speeding Conviction
- 0 - 6 demerit points major or minor offence
- Fine payable according to table victim fine surcharge to be added
- Conviction registered on your driving record for three years
- Possible increased insurance premium with a minor conviction
- Definite increased insurance premium with a major conviction
Step Three - Research Your Choices
Every one is entitled to appear and represent themselves in a court, but should you? Upon receiving your ticket a million thoughts rush through your mind:
-"There is no way I did that."
-"It wasn't my fault."
-"The officer could not see me from there."
-"Where did he come from?"
-"He has the wrong car."
-"I was not driving carelessly!"
Most people have a recollection of what took place and can articulate their version of the situation however what is relevant is what works for your defense to the charge and not what helps the prosecutor prove the charges against you. What is the specific evidence the officer needs to gather and present to the court to prove the charge. Is my explanation a defense or a statement to only reduce the fine? Depending upon the specific charge laid against you there are several different directions your defense can take.
1) technical – is the charge properly submitted by the officer and in the proper fashion
2) does the evidence from witnesses, police and civilian support the charge laid?
3) was I treated fairly with disclosure and a trial in a timely fashion?
4) is this an absolute or strict liability charge, I can show due diligence as a defense?
5) can I properly and effectively represent myself?
6) can I take the time from other commitments to attended court on required dates? i.e. work, family or vacations?
7) What is my defense?
8) What if I make a mistake?
9) Can I afford to take a chance and do it myself?
The good news is that if you are second guessing yourself to your ability it means you are probably a good driver who has found themselves in an unfamiliar arena. It's time to put yourselves in the qualified hands of a professional. You trust your electrician, plumber, teacher, mechanic or other professional for everyday requirements - and Highway Traffic Agent are the professional to trust when you need help with your traffic ticket.
Always take advantage of Highway Traffic Agent' Free Consultation!
Step Four - Take positive action We at Highway Traffic Agent are experienced and know what each case, whether technical or on it merits, will need. With experience as police officers, prosecutors and investigators we have seen it all, written the tickets, prosecuted and/or testified in many different levels of court. By actually walking the same steps as your issuing officers we can, from first hand experience, challenge the evidence. We will be on your team; the police officer has the prosecutor ensuring they have appropriately conformed to the evidence required. Both prosecutor and officer have worked together in the same courts for maybe several years, you are alone should you choose to represent yourself. No one can testify on your behalf however with you, our agent can analyze the evidence and help set up a 'game plan', your defense. In most cases you would not even be required to be at court for the trial. Each step is explained to you and your input is always welcome.
Our office stays on top of recent court rulings and caselaw and is an associate of 'Institute of agent at Court' a professional group dedicated to representing defendants in traffic court, with over 20 years of experience.
Upon receiving a ticket immediately contact our office an agent will assist right from the beginning to ensure you have the greatest chance of receiving the best defense. Early request for a trial can sometimes make the difference in having your matter stayed.
The cost of your representation will be far less that you paying the ticket and having your insurance premiums go up. With our qualified and knowledgeable staff you will have the confidence in knowing your driving record and insurance premiums are protected to the best of your ability. Let's face it no one goes out to cause problems on the roadways but situation do occur and you need to know at he end of the day you have secured the best results possible.
What price do you put on piece of mind? Through out you day you rely on others to assist in the operations of your life/business. Doctors with your mental and physical health, office co-workers for business growth, and teachers to educate your children; add us to your support team and rest comfortably knowing we have your best interest in mind. From the moment you retain our services, we maintain the process of your charge, monitor the activity and automatically order disclosure, speak to procedural matters and file appropriate documentation - all without you having to second guess "what was I supposed to do next"?