Questions About Traffic Tickets
How do I fight a traffic ticket?
How long is a piece of string? The variations are infinite. It all depends on the charge you were given. There is nothing to prevent a person charged from defending themselves but, there is also an age-old saying that states, “A lawyer that represents themselves has a fool for a client.”
It’s all very well for you to go into court armed with a list of questions for the officer but, if you do not know what the answers should be, how would you know if the answer given is correct and/or how to proceed from there?
POINTTS™’ paralegals are qualified. They have the skills, knowledge and ongoing education to be able to provide the very best defence to whatever charge you may be facing. POINTTS™ has the resources to fight your ticket on your behalf. You may be required to attend court since you would be the only person that can tell the court what happened from your perspective. It may equally be possible that, depending on the charge, you would not have to go to court.
5 Reasons to fight a traffic ticket
- You are innocent until proven guilty. It is the Prosecutor/Crown’s job to prove you are guilty of the offence with which you have been charged. It is not your responsibility to prove your innocence.
- There could be consequences to a conviction of which you may not be aware.
- You could be putting unnecessary demerit points on your license.
- Your insurance rates could go up.
- Not everyone is guilty as charged. Police officers are human. They can sometimes make mistakes.
It only takes a couple of speeding convictions for the demerit points to mount up and before very long, your license is under suspension. Protect your license and your insurance premiums.
Before doing anything, you should see a POINTTS™ Licensed Paralegal for an expert evaluation of your situation.
Why a Licensed Paralegal?
Every charge must be proven beyond a reasonable doubt by the prosecution. POINTTS™ Licensed Paralegals have the knowledge, skill and experience to know when the burden has been met.
A person representing themselves is not likely to know what has to be proven, let alone whether proven beyond a reasonable doubt. We will look at the disclosure, research the relevant case law to be used in your favour and be able to recognize technicalities that would be fatal to the prosecution’s case against you. POINTTS™ paralegals know how to cross-examine witnesses. When questioning officers, we know what the answers to technical questions should be so we know if the answer given is the right one, whereas most self-represented defendants would not.
How long do I have to respond to my ticket?
The Provincial Offences Act requires a person charged to respond within 15 days of being served with the traffic ticket. Any time beyond that and you may be convicted without a hearing as being deemed not to dispute the charge on your traffic violation ticket.
What happens if I ignore my ticket?
If no response to the ticket has been received by the court indicated on the reverse of the offence notice within 15 days after it was served on the person charged, the person is deemed not to dispute the charge. If the ticket is complete and proper on its face, then a justice of the peace shall enter a conviction in the defendant’s absence and impose the set fine for the offence.
What if I need more time to pay my fine?
A request may be made to a justice of the peace at the convicting court for an extension of time to pay the fine. This is usually granted if they can be provided proof, such as receipts from the court that some effort has been made to pay the fine in installments. If none of the fine has been paid then it will be unlikely any extension will be granted.
What happens if I don’t pay my traffic ticket fine?
If a fine is not paid within the time period provided by the court, additional costs are imposed and the amount may be forwarded to a collection agency or a request may be made by the court to the Ministry of Transportation to have your licence suspended.
If, after a licence is suspended the fine is paid, an additional $150 is payable to the Ministry of Transportation to reinstate the licence.
Why are there two amounts on my ticket?
The first amount shown on the left side of the ticket is the “Set Fine” as determined by the Chief Justice of Ontario. The amount in the box to its right is the total amount payable after the Victim Fine Surcharge and court costs have been added to the set fine.
What is the victim fine surcharge on my ticket?
If a person is convicted of an offence in a proceeding commenced by under Part I or III and a fine is imposed in respect of that offence, a surcharge is payable by that person in the amount determined by regulations made under the Provincial Offences Act.
The amount is on a sliding scale that is added to the set fine. The monies collected are to be used for victims of crime.
What are Provincial Offenses?
There are 669 different acts listed on the Ontario Government’s E-Laws website. Most of them have offences and penalties for infractions committed.
The administration of all these acts is governed by an all-encompassing act, the Provincial Offences Act.