Speeding Tickets
Ontario Provincial Offences
Speeding is a serious offence in Ontario and can result in hefty fines and demerit points. Drivers who are caught speeding can be charged with a fine and have points added to their driver’s license. The severity of the charge and the number of points that are added to the license are dependent on how much over the speed limit the driver was travelling.
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Speeding in Ontario
Speeding laws in Ontario are designed to keep drivers and pedestrians safe on the roads. They are designed to ensure that drivers adhere to posted speed limits and do not drive too fast for the conditions. The law also helps to reduce the risk of serious and fatal accidents.
In Ontario, the speed limit on highways is generally 100 km/h, unless otherwise posted. On residential streets, the speed limit is generally 50 km/h and in school areas, the speed limit is generally 30 km/h. When the weather is bad or the road is slippery, the speed limit is reduced to suit the conditions.
Speeding tickets are issued by police officers when motorists exceed the posted speed limit. The fines and penalties for speeding vary depending on how much over the posted speed limit the motorist was driving. Fines range from $2 to $10 per kilometer over the speed limit. For more serious offenses, such as driving 50 km/h over the speed limit, the penalty can include a court date and a possible jail sentence.
In addition to fines and penalties, drivers may also be subject to demerit points. Demerit points are added to a driver’s record and can lead to higher insurance premiums, suspension of the driver’s license, or even a permanent ban from driving.
Speeding laws in Ontario are designed to keep drivers and pedestrians safe on the roads. It is important to obey all posted speed limits and drive according to the conditions of the road. If you are caught speeding, you may face fines, penalties, and demerit points. It is important to understand the consequences of speeding before you get behind the wheel.
Valid Defences for Speeding
Speeding is a major problem on Ontario roads. Although the consequences of getting caught speeding can be severe, there are steps you can take to defend yourself if you ever find yourself in this situation.
The first potential defence is that you were not the driver of the vehicle at the time of the offence. This defence can be used if someone else was driving your car and you were unaware of their actions. In order to use this defence, you will need to prove that the person driving the car was not you.
The second defence is that you were under duress when the speeding offence occurred. The law in Ontario recognizes that drivers may be forced to speed in certain circumstances, such as when escaping an imminent danger. To use this defence, you must be able to show that the danger was real and imminent and that you had no other reasonable option in the circumstances.
The third defence is that you were not aware that you were speeding. This defence can be used if you were not able to see the speed limit signs or if the speed limit had recently changed and you were unaware. To use this defence, you must prove that you were not aware of the speed limit at the time of the offence.
The fourth defence is that you were pulled over for speeding without reasonable suspicion. Under the Charter of Rights and Freedoms, police officers must have reasonable suspicion that a driver has committed a criminal offence before they can pull them over. If you can prove that the officer did not have reasonable suspicion, then your charge can be dropped.
Finally, the fifth defence is that the evidence against you was obtained illegally. This defence can be used if the police officer obtained the evidence against you in an unconstitutional way, such as by violating your rights. To use this defence, you must be able to prove that the evidence was obtained illegally.
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Speeding Tickets
Some important information you should know about speeding tickets.
Speeding Tickets: The Importance of Challenging Them
When it comes to traffic tickets, it's tempting to simply pay the fine instead of fighting the ticket. For speeding offences, the potential cost to you is much higher than the fine. Getting a ticket and pleading guilty comes with serious consequences, from the damage to your driving record to the financial burden of higher vehicle insurance rates for three years.
Speeding Tickets: Penalties
In the Highway Traffic Act, speeding tickets can be found in Section 128. Speeding charges can result in demerit points being added to your driving record. The number of demerit points added to your record is based on how many kilometres over the speed limit you are found guilty of travelling.
- 0 - 15 km/h over: 0 demerit points
- 16 - 29 km/h over: 3 demerit points
- 30-49 km/h over: 4 demerit points
- 50+ km/h over: 6 demerit points
There are fines for exceeding the speed limit:
- Less than 20 km/h: $3 per km/h over the limit
- 20 km/h - less than 30 km/h: $4.50 per km/h over the limit
- 30 km/h - less than 50 km/h: $7.00 per km/h over the limit
- More than 50 km/h: $9.75 per km/h over the limit
*A driver who exceeds the speed limit by more than 50 km/h may be charged with careless driving or stunt driving.
Speeding Tickets: How to Defend Them
If you receive a speeding ticket, you can only argue that you weren't speeding. As a result, you must challenge the evidence against you. The radar measurement could be interpreted as flawed or inaccurate. If you use this argument as a defence, you have a hard time defending yourself. Alternatively, you can plead guilty with the prosecutor.
There are three options listed on the back of your speeding ticket:
- Plea of Guilty
- Early Resolution
- Trial Option*
*The trial option is the only one that gives you the chance to set a trial date and fight the speeding ticket in traffic court. It is important to note that some courts require an early resolution before scheduling a trial.
Frequently Asked Questions
Here are answers to some common questions.