How to Fight an Ontario Speeding Ticket


An Ontario speeding ticket stands out unique compared to other Ontario traffic tickets. This is because a speeding offence in Ontario is classified as an “absolute liability offence”. What does this mean? This means all that the prosecution needs to do is prove that you were speeding, and there is no valid defence to the charge that can be presented, ending in your conviction. There is no burden on the prosecution to prove that you were aware that you were speeding, or you intended to speed, all the prosecution needs to prove is that you did in fact speed. Do NOT give an explanation or a reason for why you were speeding as a defence. If you say something along the lines of “I did speed, but it was only because..” you just stamped a guilty verdict on your forehead, without giving the Justice of the Peace any choice.

The only practical defence you have in a speeding charge is proving necessity. Necessity will only apply in this particular case, if the driver, or someone else with the driver is in immediate life-threatening danger. Only when it was absolutely essential you get to a hospital, would it be a possible defence. If your weren’t speeding because of necessity, than fighting your speeding ticket becomes a whole different bag of worms.

As a side bar: Please don’t injure your friend sitting in the passenger seat so you have an excuse for the cop pulling you over, just don’t.

Moving on, without a case of necessity you would need to get the ticket withdrawn due to reasons such as technicalities and/or errors in legal motions. You should probably hire a Para-legal if you don’t know what your doing in this particular area.

Now, as mentioned here, put down everything you remember as soon as you receive the speeding ticket in writing. Granted you’re probably reading this after the fact, write it down now if haven’t already. Things like were you attempting to slow down, example, going down hill when the Police Officer pulled you over? Trial dates are usually months into the future and writing it now, will help you in building a defence once you’ve received your disclosure, and trial day comes.

Speaking of errors, check for any FATAL ERRORS, if you do find one, or more, congratulations, it just might be your lucky day.

Once you got all that jazz out of the way, go ahead and pick OPTION 3, to go to trial. Soon after find out the prosecutor handling your case via contacting the court – and request for your disclosure. Once you’ve got your disclosure, start poking holes into the prosecution’s case. Like for example, when was the RADAR last calibrated? Is it in the notes that it was tested, etc.

Not being biased, but I would strongly recommend you weigh the cost and risk associated with you fighting your speeding ticket yourself. Sure, you’ll have to pay a bit for a Para-legal to fight it, but would you profit in insurance premiums that will go up every month following your conviction? A bit upfront now to save a crap load later on makes a lot of sense to me.

With that being said, even if you are fully guilty of that speeding ticket, and deserving of being robbed for every penny (remember when we used to have pennies?!) our system will leech from you, you should still show up to trial anyways. Worst case scenario, the prosecution will give you a deal with a lesser fine, no demerit points(?), just so he/she won’t have to deal with you. Or, hey, if the officer doesn’t show up – your off the hook! Although I wouldn’t recommend this for the purpose of beating the system, but if English isn’t your first language, and you require an interpreter, make sure to request for one. If the interpreter and/or the officer doesn’t show up, boom, no conviction for you my friend.

Hopefully this little article gives some foundation to get you started, should you decide to hire a Para-legal, do yourself a favour and DO NOT go to those traffic ticket fighting companies that charge ridiculous amounts of money to represent you in court. DO NOT fall for those “guarantees” that “they win or money back”, or “don’t pay them unless they win” BS. As good as these deals might sound, conditions do apply, for example, a “win” is considered a “win” even if they lower your ticket fine by a cent. You can do that yourself by just showing up to traffic court, as said above.

If you want to know what the average Para-legal fee would be for your speeding ticket, post your speeding ticket details on our main page, http://proffer.ca/, and let Para-legals from your area place an offer on what their fees would be. If the fee is fair, and you’re not getting robbed (remember cost/risk analysis above), then fantastic, hire that Para-legal and get on the road to fighting your speeding ticket.

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