Why Fight a Traffic Ticket?

There are several reasons one might want to challenge a traffic ticket. They are:

• To avoid or reduce fines
• To avoid demerit points and license suspension
• To avoid imprisonment or being convicted
• To protect your driving record
• To protect against higher insurance premiums

Types of Traffic Tickets in Ontario:

There are two kinds of traffic tickets:

1. Provincial Offence Notice

2. Provincial Offence Summons

***Note: For more serious driving offences, you may be charged under the Criminal Code. In that case, it is extremely important to speak with a lawyer, because you could face higher fines and longer prison sentences.

1. Provincial Offence Notice

• The most common type
• The Offence Notice is Form 3 or Form 4
• Your options are on the back of the Office Notice
• You must respond within 15 days, either to agree with the ticket or to fight it, otherwise you are considered to have plead guilty to the offence written on the ticket. A justice can enter a conviction against you and additional costs will be added to the total payable. You may be able to avoid additional costs (administrative costs of the court having to process the conviction) if you agree to the ticket and pay it.

3 Options with a Provincial Offence Notice:

Option 1: Sign the ticket and plead guilty. This requires that you voluntarily pay the total amount of the ticket.

Option 2: Plead guilty with an explanation – you must go to court and speak with the justice of the peace who has the power to reduce your fine or give you more time to pay the fine.

Sometimes, especially if your ticket is a Form 4, you may be able to request a meeting with a prosecutor by checking this box on the ticket. You will then receive a notice of the date and time of the meeting. By meeting with the prosecutor, you do not give up your right to a trial; however, you may be able to resolve the case at the meeting. Possible resolutions could include a withdrawal of the charge or an agreement in which you plead guilty to a less serious charge. If you request a meeting with the prosecutor but then you or someone on your behalf does not attend the meeting or the court date scheduled after the meeting, you may be found guilty.

Option 3: Trial – On the back of the ticket (Form 3), will check the box saying you intend to appear in court to dispute the ticket. In that case, you must go to court and dispute the charge.

2. Provincial Offence Summons

• Issued for serious offences.
• You may need legal help. Either a paralegal or a lawyer can assist with provincial offences matters.
• You or your lawyer (or paralegal) must attend court on the time and date shown in the Summons. If you or your lawyer (or paralegal) do not attend on the date shown in the Summons, or any other court date that is not the trial date, you may be charged with failing to appear.  In addition, the court may set the trial date without your input into scheduling. It is your job to contact the court and find out what happened on any court date that you missed.
• If you or your lawyer do not attend court on the trial date, a warrant for your arrest may be issued, or the trial may proceed without you and you may be convicted and sentenced. If the conviction is for a serious offence, you may be sentenced to jail and a warrant for your arrest may be issued.

Keywords: Dispute traffic ticket, challenge traffic ticket, fight traffic ticket, criminal driving charge