Speeding Ticket Ontario
Speeding violation is one of the most widespread problems (across Canada).
According to the Highway Traffic Act, section 128, every person driving a vehicle, is required to comply with established speed limits and is not allowed to exceed them.
You can get a speeding ticket if you’re travelling faster than (if there are no posted speed limit signs):
- 50 km/h in municipal (cities, towns, villages) and built-up areas;
- 80 km/h in any other areas.
At first glance, speeding 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.
Important: due to the stunt driving law changes on 1 July 2021 there is a fine line between speeding and stunt driving charge. Please consider it.
Let’s get to the details!
Penalties for Speeding Tickets in Ontario:
- 0 – 6 demerit points;
- Fine payable according to table victim fine surcharge to be added;
- A conviction for speeding will stay on your driving record for 3 years;
- Possible increase of car insurance premiums with 0 to 3 points with a duration of up to 3 years;
- Definitely increased insurance premiums with 3 or more points with a duration for up to 3 years or longer depending on your insurance company.
Yes, penalties are not so harsh as for careless driving in Ontario or stunt driving, for example, but anyway, it’ll influence your driving record and wallet (at least because insurance companies will utilize your conviction to increase your rates).
Important:
- there are no 1 or 2 demerit points 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 the posted speed limit in a ‘Community Safety Zone’ the officer will issue a Part III summons to appear in court.
- convictions resulting in 4 – 6 demerit points (speeding tickets with 30 km/h+ over the speed limit) may lead to 30-days licence suspension.
- speeding infractions of 50 km/h over the maximum-posted limit will dramatically affect your insurance rates by at least 100% per year. This is an absolute liability offence and is considered a major violation.
When fighting 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 evidence is accepted as accurate. The equipment used may change depending on different police agencies.
Ontario Speeding Fines 2024 & Demerit Points
In Ontario, the fines and demerit points for speeding depend on how fast you were driving over the speed limit. Here is up-to-date information (as of 1 January, 2024) from 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 |
Important: accumulating demerit points can lead to additional penalties, such as licence suspensions or increased insurance premiums.
Ontario Speeding Fines 2024 & Demerit Points – Community Safety Zone
In Ontario, speeding fines are increased when speeding occurs in a designated Community Safety Zone. 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 safety is a top priority. Community Safety Zones are typically designated in areas near schools, parks, and other locations with high pedestrian activity.
It’s not the best idea to listen to your relatives or rookie paralegals “selling the best advice” about how to beat a speeding ticket in Ontario or how to get out of a speeding charge or something in this fashion. Because unfortunately, it’s not that easy, and in most cases, such advice 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 gettings maximum fines and demerit points for their speeding charges in traffic court.
Also, here are a few things to remember:
- Every case is different. Hence, fighting your first speeding ticket in Ontario cannot be based on the process your friend’s speeding lawyer or paralegal used in the past to help them out. Well, the actual process is almost the same when it comes to administrative work to be done; however, utilizing the most suitable approach or tactic in each specific situation is exactly where the magic happens.
- Most speeding tickets in Canada must be filed with the traffic court within 15 days to request a meeting with a prosecutor or trial date, depending on the court location.
- A lot of people think that showing up to trial will result in automatic speed rate reduction which will ultimately reduce their demerit points, but often once police officer was 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 to you and your future driving record.
- Prior to your early meeting with a prosecutor, you should request or obtain police officer’s evidence that will be used in traffic court to prove your guilt in committing a speeding offence.
How to Fight a Speeding Ticket in Ontario
There are 2 ways:
- Hire a speeding lawyer or licensed paralegal and they’ll fight the ticket on your behalf.
- Fight your speeding ticket in court alone.
Sometimes people decide just to plead guilty and forget about the ticket. But pleading guilty is not advisable, because:
- you’ll get demerit points;
- ticket will remain on your driving record for 3 years;
- you’ll pay full cost of the ticket;
- your insurance company will increase your premiums.
As mentioned above, the best possible first step is to seek legal advice (from a 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.
But if you want to fight your speeding traffic ticket alone, you need to do the following:
- File your traffic ticket with a 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 on your driving record*.
- Schedule a trial date with the appropriate traffic court.
- Make a disclosure request and prepare for trial.
- Show up at trial at a court date prepared to be questioned about every little fact from the day when you were caught speeding. Also, be ready 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.
*In order to fight a speeding ticket Ontario it takes at least 2-3 times to attend the court and for most people, it means taking time off from work.
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”.
Is it worth fighting a speeding ticket? – We’re a bit biased, but considering speeding tickets fines that can be up to $1,000 + insurance rates increase for a minimum of 3 years, we do believe, that it’s worth fighting.
When it comes to fighting speeding tickets which is an absolute liability offence there can only be two possible legal 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.
If you’re looking for the best speeding ticket defense in Ontario for yourself, then hiring a lawyer to fight a speeding ticket would definitely be an investment to be repaid a hundredfold in the future (both time and money).
We employ only the best speeding ticket lawyers, licensed paralegals, former police officers and prosecutors that are now helping people fight speeding tickets and other traffic tickets of any complexity anywhere in Ontario. Even if it’s your first ticket, don’t worry – we’ll help you with it!