How to Fight an Ontario Speeding Ticket
Speeding tickets are different than most other Ontario traffic tickets. This is because a speeding offence is an absolute liability offence. This means that once the prosecution has proven that you were speeding, there is no valid defence to the charge and you will be convicted. The prosecution does not have to prove that your intention was to speed or that you were even aware that you were speeding; all they have to prove is that you did speed. An explanation or reason why you were speeding is NOT a valid defence for a speeding charge. If you offer an explanation, you are admitting guilt to the speeding offence and you will be convicted of the speeding charge. If you say, “I was speeding, but...” you are admitting that you were speeding and the Justice of the Peace has no choice but to find you guilty of the speeding offence.
The only possible defence for a speeding ticket case is the defence of necessity. The only time this defence applies is in a situation where the driver is in fear for their, or someone else’s life. Speeding up to pass a driver that is driving erratically is NOT a defence of necessity, nor is speeding home because you have to go to the bathroom, or you were feeling ill. Unless you, or someone else has suffered life threatening injuries and it is imperative for you to get to a hospital ASAP, you likely do not have a defence of necessity.
If your speeding ticket case does not have a defence of necessity, the best way to fight a speeding ticket charge is to hire a professional that can try to get the ticket withdrawn on technicalities, errors in law or legal motions. There are many technicalities that the average person would have no knowledge of and if you have no knowledge of what to look for, how can you build a proper defence for a speeding ticket case? Every day, hundreds of people are found guilty of their speeding offences that could have been withdrawn because of a technicality that the driver was not aware of. Even if you are aware of a legal error, any motion or legal argument MUST be properly prepared, filed and/or argued in front of the court. If you fail to follow all the proper procedures, you could be convicted of a charge that a professional would have been able to argue correctly to have withdrawn.
At Traffic Ticket Solutions Law Firm we have professional lawyers, paralegals, former prosecutors and former police officer along with attentive law clerks and administrative staff that deal with speeding tickets every day! We know what to look for in the officer’s disclosure and on the ticket to give you the best possible chance at having your speeding ticket eliminated from your driving record. Also, our customer service driven approach separates us from our competition as we aim to keep our clients up to date and informed every step of the way. We want to take the stress out of receiving a speeding ticket and will professionally handle all aspects of your speeding ticket case from start to finish. We will file for a court date and schedule a trial to review disclosure and prepare the best possible defence on your behalf and attend your trial date. Most of the time we do not even require you to be present for your speeding case which saves you time, money and the stress of standing up in court.
Call 1.877.TTS.WINS or fill out our free quote to receive a personalized quote for your speeding ticket charge! TTS offers lawyer quality for a paralegal's price.