Area of Law: Provincial Law
Answer # 2643
How do you defend a traffic ticket?
Region: Ontario Answer # 2643If you decide to fight a traffic ticket, you first need to decide whether you will hire a lawyer or an agent to represent you. If you could lose your licence or go to jail, or if you are charged with a serious criminal offence such as impaired driving or failing to remain at the scene of an accident, you should hire a lawyer to help you defend yourself. If you want to fight a traffic violation, such as speeding, disobeying a stop sign, or parking offences, you can usually represent yourself.
If you decide to defend yourself, you will need to determine what type of traffic ticket you have been issued. There are three types of Provincial Offence Notices, or tickets, covered in the Provincial Offences Act (POA):
- An Offence Notice, or ticket (a ticket that is not a parking ticket, such as a speeding ticket);
- A Parking Infraction Notice (parking ticket); and
- A Summons to appear at court.
Checking the status of a ticket
Before deciding to fight your ticket, you can check the status of all tickets or fines issued under the POA, online at ontario.ca.
You cannot check the status of:
- Criminal matters
- Parking tickets
- Cases under appeal
- Cases involving publication bans
- Charges involving individuals under 16
How to fight a ticket
Each type of ticket has a different procedure to follow if you wish to fight the ticket.
Provincial Offence Notice
Provincial Offence Notices are the most common type of traffic ticket. If you receive a Provincial Offence Notice, such as a traffic ticket, you must respond within 15 days of receiving it. You have three options:
- Sign the ticket, plead guilty to the charge, and pay the fine
Paying the fine is considered a guilty plea. After paying the fine, the conviction is registered and any applicable demerit points are added to the driving record. The fastest method for paying a ticket is online through Paytickets.ca, the Ontario Courts Public Portal, or your municipality’s website (e.g., City of Toronto, City of London). To pay a ticket, you will need the location code and offence number from your ticket.
- Request an early resolution meeting
Second, you can plead guilty with an explanation. This usually means you will have to go to the courthouse and speak with a justice of the peace. The justice of the peace can reduce your fine or give you more time to pay the fine, depending on your explanation.
You can request a meeting to discuss your ticket prior to trial if you have not
- Paid the fine;
- Already requested a trial;
- Been found guilty for not responding to your ticket within 15 days; or
- Received a summons (an order to appear in front of a justice of the peace).
To request a meeting, click here and follow the steps.
- Request a trial
Third, you can dispute the charge by choosing the trial option. If you choose this option, you will have to contact the court office and attend court. You cannot schedule a trial online. However, you may request a trial in the Ontario Court of Justice (Provincial Offences Court), by following the instructions on the back of your ticket.
The prosecutor must prove the offence beyond a reasonable doubt. If no response is made within 15 days, the court may enter a conviction without a hearing.
Parking Infraction Notice
If your ticket is a parking ticket, you have two options: (1) plead guilty by paying the total amount of your ticket, or (2) ask for a trial date by following the instructions on the back of the ticket. If you get a ticket and do not do one of these things within 15 days of receiving your ticket, or if you or someone on your behalf does not attend court for your trial, you may be found guilty.
Summons
The third type of ticket is a summons. A summons requires that you attend court at a given date and time. It is an offence to fail to appear in court. If you have received a summons, you have been charged with a serious offence, and you should contact a lawyer for assistance. View How do you respond to a summons at court? for more information.
More information
For more information, refer to the Highway Traffic Law section of Legal Line.
You now have options: