You might find yourself asking: is speeding a criminal offence? The answer is not as straightforward as it seems. While minor speeding may be classified as an infraction rather than a crime, there are situations where speeding escalates to a criminal offence, carrying serious consequences.
In this blog post, we’ll explore the nuances of speeding laws, the conditions under which speeding can lead to criminal charges, and how the dedicated lawyers and paralegals at JUSTICEJOLT are ready to assist you if you ever find yourself facing legal challenges in court.
Do Speeding Tickets Go On Your Criminal Record In Canada?
Speeding tickets are categorized as traffic violations, not criminal offences. This distinction is important because traffic laws govern these infractions, prioritizing road safety over criminal behaviour.
Penalties for speeding, such as fines, licence suspensions, and demerit points, are regulated by traffic laws designed to enhance road safety. This legal framework ensures that speeding is treated as a safety concern rather than a criminal act.
However, excessive speeding, especially if it endangers others or causes injury, may result in charges such as dangerous driving under the Criminal Code of Canada. These charges are serious and can result in potential jail time.
When Can Speeding Become A Criminal Offence?
While speeding is not categorized as a criminal offence under the HTA, it can result in penalties such as fines and demerit points. You cannot be prosecuted for speeding under the Criminal Code by itself. However, if your speeding results in an incident, you may face charges. This could include charges such as dangerous driving, dangerous driving causing bodily harm, or dangerous driving causing death. These charges can be imposed if excessive speeding causes an accident.
What Are The Punishments For Speeding Tickets In Ontario?
In Ontario, the penalties for speeding tickets vary based on how far a driver exceeds the posted speed limit as per Highway Traffic Act, Schedule 43. Here’s a breakdown of the consequences:
Speeding Demerit Points
- 0-15 km/h over: No demerit points.
- 16-29 km/h over: 3 demerit points.
- 30-49 km/h over: 4 demerit points.
- 50 km/h or more over: 6 demerit points and classified as stunt driving, leading to more severe consequences.
Speeding Fines
Fines are determined by how much you exceed the speed limit, plus court fees ($5) and a victim fine surcharge (25%).
- 1-19 km/h over: $2.50 per km/h.
- 20-29 km/h over: $3.75 per km/h.
- 30-49 km/h over: $6.00 per km/h.
- 50 km/h or more over: Fines start at $9.75 per km/h, with no option for an out-of-court settlement.
Speeding Licence Suspensions
- 1-29 km/h over: No licence suspension.
- 30-50 km/h over: 30-day licence suspension for G1 & G2 drivers.
Speeding Ticket Insurance Impact
A speeding conviction remains on your driving record, but it will impact your insurance for three years.
- 0 to 3 points: Car insurance premiums may increase for up to 3 years.
- 3 or more points: Expect a 100% increase in insurance premiums for up to 3 years, or potentially longer, depending on your insurance provider. This is classified as an absolute liability offence and is treated as a major violation.
How Legal Help Can Support You With Speeding Tickets
In-Depth Knowledge of Traffic Laws
Traffic lawyers and paralegals bring a wealth of specialized knowledge to traffic law. With a thorough understanding of the Highway Traffic Act and familiarity with court processes and local prosecution strategies, they are equipped to construct compelling legal defences and identify avenues to have charges dismissed or reduced.
Professional Negotiation
Legal professionals often have established relationships with prosecutors, which can lead to more favourable negotiations and plea agreements. This network can provide significant leverage that those representing themselves may not have access to, potentially leading to better outcomes.
Reducing Financial Impact
Hiring a traffic lawyer or paralegal can help lessen the financial repercussions of fines and the long-term effects of demerit points. Their expertise can help you avoid inflated insurance premiums and the risk of licence suspension, ultimately protecting your financial well-being.
Protecting Your Driving Privileges
A successful defence can preserve your driving record, preventing demerit points and the associated risk of increased insurance rates. This defence is essential for maintaining your driving privileges and ensuring your record remains clean.
Traffic attorneys manage legal documentation, prepare for court hearings, and deftly handle the intricacies of legal processes. This assistance alleviates the stress and confusion surrounding your case.
Careful Examination of Evidence
Experienced traffic paralegals and lawyers skillfully review police evidence, searching for inconsistencies or gaps that may lead to reduced penalties or even the dismissal of charges. Their critical eye can uncover vital details that could change the direction of your case.
Alleviate the Stress of Legal Challenges
Having an attorney represent you can significantly reduce the anxiety and uncertainty tied to contesting a traffic ticket. Their presence provides reassurance and confidence, allowing you to focus on other aspects of your life while they handle the details of your case.