Area of Law: Highway Traffic Law
Answer # 522
SpeedingRegion: Ontario Answer # 522
The offence of speeding is committed when a driver drives at a speed above the legal limit. It is also an offence to drive so slowly that you block traffic. Speeding tickets are usually the result of a police radar check. It is difficult to fight a speeding ticket if the police have radar evidence against you.
The only possible defence to a speeding ticket is that you were not speeding. This means that you must argue that the evidence against you is wrong. You could try arguing that the radar measurement is somehow flawed or mistaken. It is difficult to defend yourself using this argument. Alternatively, you can plea bargain with the prosecutor. A plea bargain is where you make a deal with the prosecutor that they reduce the charge against you, and in exchange you agree to plead guilty. For example, they might reduce your speeding ticket to a lower speed. If you would like to plea bargain, you should talk to the prosecutor.
The penalty for a speeding charge is usually a fine, which will be determined based on the speed you were traveling. You may also receive between three and six demerit points, depending on the speed you were traveling. The demerit point penalty does not apply if the speed is 15 kilometres or less above the legal limit. If you are repeatedly convicted of speeding offences, your licence could be suspended. For more information regarding the rules of the road and driver safety, contact the Ministry of Transportation.
If you have a criminal record because of a criminal driving offence (or any other criminal charge), and wish to erase your record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.
For legal advice and representation to fight a traffic ticket, contact our preferred Highway Traffic paralegals, Nicola (Nick) Giannantonio Legal Services.
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