Speeding is easily defined as driving a motor vehicle
at a rate of speed in excess of that permitted by statute,
which can be municipal, provincial or federal. Speeding
under provincial traffic legislation is a regulatory
offence and should not be considered a crime. Although
in certain instances, speeding may indicate something
more serious such as negligence or recklessness and
therefore may attract more serious charges such as
criminal negligence or dangerous driving under the
Criminal Code.
Does the officer have to show me the radar/laser reading?
There is no legal requirement for this and in most
cases the officer will not, as allowing you to see
the speed reading has virtually no bearing on your
case.
What if I don't believe I was going that fast?
It's possible the radar was picking up another vehicle.
It's also possible that the radar unit was being
operated improperly.
Everyone was going over the speed limit. What if I
was just pulled out of the crowd?
It may be true but it is irrelevant at this point.
Plead not guilty and have an experienced agent from
Ottawa Traffic Tickets attend court on your behalf
and determine in cross-examination of the officer whether
there is a reasonable doubt as to which vehicle caused
the radar/laser reading.
What if my ticket(s) are the result of racial profiling?
Sometimes this has every appearance of being true,
largely due to stops for trivial traffic laws like
seat belt violations, playing the radio too loud,
or having a burnt out light bulb. If you believe
the officer stopped you based on your race, we recommend
making a complaint to the police service and/or city
government. If it continues to happen during the
investigative process or after the complaint, consider
a lawsuit.
If I don't sign my ticket, does that mean it's invalid?
No. Signing for your ticket is merely acceptance of
the document and in no way invalidates it or indicates
guilt. There is nothing to be gained by not signing.
Will errors on the ticket result in the charges being
dropped?
This is referred to in the FAQ section
re fatal and non-fatal errors. Basically, the courts
will
often excuse minor errors. A misspelled name, incorrect
address, or difference in opinion on whether your car
is aqua or green in colour will not result in a dismissed
ticket. Conversely, a major error such as citing the
wrong statute, radically misidentifying your vehicle
or listing the wrong highway as the site of the violation
should provide justification to dismiss the ticket.
It would be in your interest to have a former police
officer from Ottawa Traffic Tickets attend as they
have the expertise to know when and how to raise this
very important issue.
If I prove my speedometer was defective when I was
stopped for speeding, will the court dismiss the ticket?
No. The court might consider it a mitigating circumstance.
If that’s your only defence you will be found
guilty. For instance, assume you were issued a speeding
ticket for traveling 130 on a 100km/h highway. If you
produce the mechanic and his report proving to the
court’s satisfaction that your speedometer was
off by 10 km/h, you have just convicted yourself of
speeding.
What's the bearing on my speeding ticket if the officer
who observed the violation and the one who issued the
ticket are different people? (i.e. one officer operating
the RADAR radios to another officer down the road,
who pulls you over.)
First, the clocking officer must be able to confirm
that the car being pulled over was the car he clocked.
This confirmation should be made to the officer that
does the stop. The officer that stops you is responsible
for identifying the driver to whom he issued the ticket.
Both the officer that clocked the vehicle's speed and
the officer that issued the ticket must be at your
trial. This also applies to situations involving the
use of airplanes to clock vehicle speeds.
Can I write the court and tell them why I'm not guilty?
You can, but there’s nothing to be gained. Many
jurisdictions offer a First Attendance meeting where
you can attempt to resolve your traffic ticket with
a clerk whose main function is to avoid a trial. You
may be offered a reduced charge or fine but by accepting
this resolution you are still convicted of an offence
which to which demerit points are accrued. Remember,
no one can affect the demerit points associated with
your charge. First Attendance meetings never result
in the charge being withdrawn regardless of your explanation – it’s
not within their power to do so.
What will happen if I just ignore the ticket?
A conviction will be registered in your absence. Besides
the set fine, the court may assess court costs and
demerit points will be accrued by the Ministry of
Transportation. You won’t be able to renew
your driver’s licence until all outstanding
fines are paid. Sometimes there are extenuating circumstances.
If you feel that’s the case, you have fifteen
days to apply for a reopening by attending the court,
swearing
an affidavit and detailing the reason(s).
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