Speeding Ticket Markham
Speeding is one of the most widespread problems (across Canada) when it comes to driving violations. According to the law, every person driving a vehicle is required to comply with established speed limits and is not allowed to exceed them.
At first glance, speeding ticket in Ontario might seem not like a serious offence, but in reality, the consequences can be really disappointing – up to $1,000 in fines, up to 6 demerit points and hugely inflated insurance rates.
Let’s get to the details!
Consequences of a Speeding Traffic Ticket in Markham
In Ontario, penalties for speeding tickets vary depending on how much the driver is over the posted speed limit. Here are the typical consequences:
- Demerit points:
- 0-15 km/h over does not attract demerit points;
- 16-29 km/h over the limit results in 3 demerit points;
- 30-49 km/h over the limit results in 4 demerit points;
- 50 km/h or more over the limit results in 6 demerit points and is classified as stunt driving, which carries more severe penalties.
- Fines: The speeding fines depend on how many km/h you are over the speed limit (+ court fee & victim fine surcharge to be added):
- $2.50 per km/h over the limit for speeding 1-19 km/h over the limit;
- $3.75 per km/h over the limit for speeding 20-29 km/h over the limit;
- $6.00 per km/h over the limit for speeding 30-49 km/h over the limit;
- Fines for 50 km/h+ start at $9.75 per km/h over the limit, but there is no out-of-court settlement.
- Licence suspension:
- 1-29 km/h over the limit: no licence suspension;
- 30-50 km/h+ over the limit: 30-day licence suspension for G1 & G2 drivers;
- A conviction for speeding will stay on your driving record forever, but it will be visible to your insurance for three years.
- Increased insurance rates:
- Possible increase of car insurance premiums with 0 to 3 points with a duration of up to 3 years;
- 100% increased insurance premiums with 3 or more points with a duration of up to 3 years or longer, depending on your insurance company. This is an absolute liability offence and is considered a major violation.
Things to Know About Speeding Tickets in Markham:
- there are no 1 or 2-point speeding offences – only 0, 3, 4 and 6;
- speeding 0 – 49 km/hr over the speed limit will be issued on Part I – Offence Notice, with an ‘out of court set fine’;
- any speeds in a ‘Community Safety Zone’ will be dealt with in the same manner; however, the fines will double;
- with speeds 50 km/h and 35 km/h over posted speed limit in a ‘Community Safety Zone’ the officer will issue a Part III summons to appear in court.
When fighting Markham speeding tickets it is imperative that you are familiar with the speed-measuring device used by a police officer at the time. In order to prove the alleged traffic ticket fine, the officer has to complete specific obligations before the evidence is accepted as accurate. The equipment used may change depending on different police agencies.
Markham Speeding Fines 2024 & Demerit Points
We’ve summarised for you the information about speeding fines and demerit points depending on how fast you were driving over the speed limit. Here is up-to-date information (as of 1 January, 2024) from the Highway Traffic Act, Schedule 43:
Over speed limit | Fine amount (per km/h) | Demerit points | |||
---|---|---|---|---|---|
1-15 km/h | $2.50 | 0 demerit points | |||
16-19 km/h | $2.50 | 3 demerit points | |||
20-29 km/h | $3.75 | 3 demerit points | |||
30-49 km/h | $6.00 | 4 demerit points | |||
50+ km/h | no out of court settlement | 6 demerit points |
Markham Speeding Fines 2024 & Demerit Points – Community Safety Zone
In Ontario, speeding fines are increased when speeding occurs in a designated community safety zones and construction zones. Demerit points are the same as regular speeding. Here are the breakdown of the fines:
Over speed limit | Fine amount (per km/h) | Demerit points | |||
---|---|---|---|---|---|
1-15 km/h | $5.00 | 0 demerit points | |||
16-19 km/h | $5.00 | 3 demerit points | |||
20-29 km/h | $7.50 | 3 demerit points | |||
30-49 km/h | $12.00 | 4 demerit points | |||
50+ km/h | no out of court settlement | 6 demerit points |
The fines for speeding in a Community Safety Zone are higher than regular ones because they are designated to emphasize the importance of maintaining a safe speed in areas where pedestrian and workers safety is a top priority. Community Safety Zones are typically designated in areas near schools, parks, and other locations with high pedestrian activity.
Having some relatives or rookie paralegals “selling the best advice” when you ask them quick advice with questions like: “How to get out of a speeding ticket?” or “How to beat a speeding ticket?” or something in this fashion. But unfortunately, it’s not that easy, and in most cases, they will do you a disservice.
Generally, working with an experienced speeding ticket paralegal is the best practice for anyone interested in reducing the risks of getting maximum fines and demerit points in court.
Also, here are a few things to remember:
- Every case is different. Hence, fighting your first speeding ticket in Markham cannot be based on the process your friend’s speeding lawyer or paralegal used in the past to help them out. The actual process is almost the same when it comes to administrative work; however, utilizing the most suitable approach or tactic in each specific situation is exactly where the magic happens.
- Most Canadian speeding tickets must be filed with the court within 15 days to request a meeting with a prosecutor or trial date, depending on a court location.
- Many people think that showing up to trial will result in automatic speed rate reduction, which will ultimately reduce their demerit points, but often, once a police officer is requested to show up in court, prosecutors must proceed with a trial process, and fighting a speeding ticket can result in less-than-favourable results for you and your future driving record.
- Prior to your early meeting with a prosecutor, you should request or obtain a police officer’s evidence that will be used in court to prove your guilt in committing a speeding offence.
How to Fight a Speeding Ticket in Markham
Step 1: As mentioned above, the best possible first step is to get professional help on your side (speeding ticket attorney or paralegal). This fact alone will immensely increase your odds of getting a positive outcome compared to just going to court on your own.
OR
Step 2: File a Markham traffic ticket with an appropriate court in order to receive a date with a prosecutor to discuss a possible reduction of your speeding ticket to a lower reduced speed resulting in less or 0 demerit points. Keep in mind that in order to fight a speeding ticket it takes at least 2-3 times to attend the court and for most people it means taking time off from work. But as stated above, you can get a legal professional on your side who will be able to go to the court on your behalf.
Step 3: Show up at trial prepared to be questioned about every little fact from the day when you were caught speeding. Also, be prepared to ask police officer questions about relevant facts about your speeding ticket that would help you draw answers proving that events in your case might have been different than what the police officer is suggesting.
Remember that courts have heard it all: “I was speeding because I needed to go to use the restroom and I had a sick stomach” or “I was helping to drive a sick friend to the hospital”.
When it comes to fighting a speeding ticket which is an absolute liability offence there can only be two possible defences. But be prepared that the standard of proof for each of these excuses is very high. Here they are:
1 – “I believe my life was in danger, and I was dialling 911 while being followed by a dark car through a dark alley”
2 – You were the only person who could have potentially saved a person’s life and there were no other alternatives but to break the law and speed to maximize their chances of survival. The importance of breaking the speeding law must have been far greater than the actual act of speeding because you helped to save another person’s life.
Hiring a lawyer to fight a speeding ticket in Markham, might be an investment that will be repaid a hundredfold in the future (both time and money).
We employ only the best speeding ticket lawyers, paralegals, former police officers and prosecutors that are now helping people fight speeding tickets anywhere in Canada. Even if it’s your first case, don’t worry – we’ll help you with it!