How to Handle Traffic Tickets in Ontario: Your Guide to Contesting Fines and Offences

Receiving a traffic ticket in Ontario can be stressful, confusing, and, for some, even overwhelming. Whether you were pulled over for speeding, distracted driving, or driving without insurance, it’s essential to know that you have options—and rights. As a licensed paralegal in Ontario, I’ve seen firsthand how many people simply pay their tickets without exploring their legal options. This might seem like the easiest solution, but it can lead to long-term consequences, including hefty fines, increased insurance premiums, and even license suspensions.

In this detailed guide, I’ll take you through everything you need to know about handling traffic tickets in Ontario, including the different types of offences, how to contest your ticket, and what happens if you decide to ignore it.

Common Types of Traffic Offences in Ontario

In Ontario, traffic offences fall under the Highway Traffic Act (HTA), which governs the rules of the road. Some common traffic offences include:

1. Speeding
   Speeding is perhaps the most common traffic violation in Ontario. The penalties for speeding vary depending on how far over the limit you were driving. For example:

• 1-19 km/h over the limit: Minimal fine, no demerit points;

• 20-29 km/h over the limit: Fine plus 3 demerit points;

• 50 km/h or more over the limit: Automatic license suspension, substantial fines, and potential criminal charges.

2. Distracted Driving
   Distracted driving laws in Ontario are particularly strict. The use of a handheld device while driving can result in:

• A fine of $615 to $3,000 depending on whether it’s your first or subsequent offence;

• A license suspension of 3-30 days;

• 3 to 6 demerit points.

3. Driving Without Insurance
   Driving without insurance is a serious offence under Ontario law. If you're caught, the penalties are harsh:

• First offence: A fine ranging from $5,000 to $25,000.

• Second offence: Fines up to $50,000 and potential vehicle impoundment.

• Even a single infraction can cause your insurance premiums to skyrocket.

4. Running a Red Light or Stop Sign
   Failing to stop at a red light or stop sign can result in:

• A fine of up to $325.

• 3 demerit points.

5. Careless Driving
   Careless driving is considered a more severe offence and encompasses anything that shows "lack of care or attention" while driving. Penalties include:

• A fine of $400 to $2,000.

• 6 demerit points.

• License suspension and potential imprisonment for more severe cases.

Immediate Steps to Take When You Receive a Traffic Ticket

If you’ve received a traffic ticket, it’s important not to panic. The most crucial step is not to ignore it. Here’s what you should do immediately:

1. Read the Ticket Carefully
   Your traffic ticket contains essential information, such as the offence you’ve been charged with, the date of said offence, the fine amount, and the deadline to respond. Make sure to review all details and confirm that the information is accurate. Clerical errors could be beneficial if you decide to contest the ticket later on.

2. Decide How to Plead
   Ontario offers three options when responding to a traffic ticket:

• Plead guilty: Pay the fine and accept the consequences, including potential demerit points and insurance impacts.

• Plead guilty with an explanation: This allows you to admit to the offence but provide the court with circumstances that may reduce the penalty.

• Plead not guilty: You can choose to fight the charge, in which case you’ll receive a court date for a trial. This is often the best option if you believe the ticket was unfair or incorrect.

3. Check the Deadline
   The deadline to respond to a ticket is typically 15 days from the date of issue. Failing to respond within this window can lead to additional penalties, including late fees and automatic convictions.

Contesting a Traffic Ticket: What You Need to Know

If you believe the ticket was issued in error, or if you want to avoid the penalties that come with a conviction, you have the right to contest it. Here's how to approach contesting a ticket:

1. Request a Trial

The first step in fighting a ticket is to request a trial. This can be done by selecting the “not guilty” option on the back of your ticket and submitting it to the court listed on your ticket. You’ll then receive a notice of your court date. This is your opportunity to present your case before a judge.

2. Disclosure Request

Once you’ve requested a trial, you should file a disclosure request. This will give you access to all the evidence the prosecution has against you, such as the officer’s notes, radar gun records (if speeding is involved), and any other relevant documentation. This is an essential step because reviewing the evidence might reveal errors or inconsistencies that can help your case.

3. Hire a Paralegal or Lawyer

Contesting a ticket isn’t always straightforward. Having a professional represent you can significantly improve your chances of success. A licensed paralegal understands the ins and outs of traffic court, including common errors made by officers and technicalities in the law. They can negotiate with the prosecutor, cross-examine witnesses, and ensure your rights are upheld.

4. Prepare Your Defense

Your defense will depend on the type of offence and the evidence you have. Some common defences include:

• Radar inaccuracy: Radar or laser speed detection devices can sometimes give false readings due to environmental factors.

• Officer’s view obstructed: If the officer did not have a clear line of sight, this could cast doubt on the charge.

• Ticketing error: If the ticket contains errors in details such as the make or model of the vehicle, it could be grounds for dismissal.

It’s important to gather any evidence that can support your case, such as dashcam footage, GPS data, or witness testimony.

What Happens If You Don’t Pay or Contest the Ticket?

Failing to respond to a traffic ticket in Ontario can have serious consequences, and it's a mistake that many drivers make. Here’s what can happen if you ignore your ticket:

1. Automatic Conviction
   If you don’t respond to your ticket within the 15-day window, you’ll be automatically convicted. This means the fine listed on the ticket will be due immediately, and any applicable demerit points will be added to your driving record.

2. Additional Fines
   Ignoring a ticket can lead to additional fees, including late payment penalties. If the fine remains unpaid, your case could be sent to collections, which can damage your credit rating.

3. License Suspension
   In cases where fines are left unpaid, the Ministry of Transportation may suspend your driver’s license. This can happen even for seemingly minor offences like parking tickets.

4. Impact on Insurance
   Insurance companies regularly review your driving record when determining your premiums. Any convictions, especially for offences like speeding or distracted driving, will likely lead to higher premiums. In more severe cases, like careless driving or driving without insurance, some insurance companies may refuse to renew your policy altogether.

What Are Demerit Points, and Why Do They Matter?

Ontario uses a demerit point system to track driving violations. Demerit points are added to your driving record when you’re convicted of a traffic offence, and accumulating too many can have significant consequences. Here’s how it works:

• 2 to 8 points: A warning letter from the Ministry of Transportation.

• 9 to 14 points: Possible driver re-examination and license suspension.

• 15 points or more: Automatic 30-day suspension of your license.

Some common offences and their associated demerit points:

• Speeding (16-29 km/h over the limit): 3 points.

• Careless driving: 6 points.

• Failing to stop for a school bus: 6 points.

• Distracted driving (without causing a collision): 3 points.

Should You Pay or Fight Your Ticket?

The decision to pay or contest a traffic ticket isn’t always clear-cut. Here are a few factors to consider:

1. Severity of the Offence

If your ticket involves minor speeding or a simple moving violation with no demerit points, you might choose to pay it and move on. However, if the offence carries severe penalties, including demerit points or a high fine, contesting it may be worthwhile.

2. Insurance Impact

Even minor traffic offences can affect your insurance premiums. Before deciding to pay a ticket, check with your insurance provider to understand how the conviction could impact your rates.

3. Long-Term Consequences

Traffic offences remain on your driving record for several years. Multiple convictions can lead to license suspensions and higher insurance premiums, making it crucial to fight tickets when you believe they were unjustly issued.

How a Paralegal Can Help

Navigating traffic court can be daunting, especially if you’re unfamiliar with the process. A licensed paralegal can help in several ways:

• Review your case: A paralegal will review your ticket, the circumstances, and any available evidence to assess your chances of success.

• Handle negotiations: In many cases, a paralegal can negotiate with the prosecutor to reduce your charges, eliminate demerit points, or lower the fine.

• Representation in court: If your case goes to trial, your paralegal will represent you, cross-examine witnesses, and present your defence to the court.

By hiring a paralegal, you ensure that your case is handled professionally, giving you the best chance of a favourable outcome.

Dealing with a traffic ticket in Ontario can be frustrating, but it’s important to know that you have options. Whether you’ve been caught speeding, driving without insurance, or distracted driving, taking the time to understand your rights and explore your legal options can save you from long-term financial and legal consequences. Contesting your ticket, especially with the help of a qualified paralegal, can make a significant difference in the outcome of your case.

If you’ve received a traffic ticket and are unsure of what to do next, feel free to reach out to my office. I’m here to help guide you through the process and fight for the best possible outcome. Contact me today for a free consultation to discuss your case and how we can work together to protect your driving record and your wallet.