Receiving a traffic ticket puts you in the position of navigating fines, penalties, and the complexities of the court system. Fighting the ticket in court can help you avoid some or all of these consequences, but there is always the risk of losing if the case goes to trial.
After losing your traffic ticket in court you will likely need to pay for court fees on top of the original fine. A conviction on your driver’s record may also lead to other consequences, like an increase in your insurance premiums, or demerit points on your driver’s record.
If you choose to fight a minor traffic ticket like a speeding ticket in court and lose, depending on the severity of the offence you will face:
Increased Fines
You may need to pay additional court costs on top of the original fine. This graph shows how court costs can increase the overall amount you pay if you lose your case.
| Speed Over Limit | Cost Per km/h Without Trial | Cost Per km/h After Loss | Example; 10km/h over After Loss |
|---|---|---|---|
| 1-19 km/h over | $2.50 | $3.00 | $30 |
| 20-29 km/h over | $3.75 | $4.50 | $45 |
| 30-49 km/h over | $6.00 | $7.00 | $70 |
| 50+ km/h over | Trial Necessary | $9.75 + court costs | $97.50 + court costs |
Demerit Points
Any demerit points associated with your offence will be added to your record for two years, potentially increasing insurance premiums for three years. Demerit points add up with repeated offences and can lead to licence suspension. The graph below shows some of the consequences of receiving demerit points after fighting your traffic ticket and losing.
| Speed Over Limit | Demerit Points | What This Means |
|---|---|---|
| 1-15 km/h over | 0 points | Still shows on driving record and can affect insurance |
| 16-29 km/h over | 3 points | Moderate offence, likely impacts insurance |
| 30-49 km/h over | 4 points | High risk and impacts insurance |
| 50+ km/h over | 6 points | Stunt driving comes with Immediate roadside licence suspension |
Just one conviction on a traffic offence can raise your insurance premiums, costing you on average 10-20% more on your yearly premiums for up to 3 years. The increases in these fees can outgrow the cost of the initial fine over this period. Multiple traffic tickets send your premiums sky-high, and getting insurance in the future can also be harder with a conviction on your record.
Other Penalties
All traffic tickets include the risk of fines and demerit points, but for more severe offences like stunt driving or dangerous driving, you may be required to complete community service or driving courses. The harshest penalties include:
- Vehicle impoundment
- licence suspension
- Jail time
- A criminal record
Why Should You Fight Your Traffic Tickets?
Even considering the risks that come with losing your trial, fighting your traffic ticket is always in your interest. Fighting your ticket in court sounds more intimidating than it is when you consider everything you leave on the table by not fighting it.
When you plead guilty and accept a traffic ticket conviction, you are guaranteed to face higher insurance premiums, demerit points, and fees. Admitting guilt and paying the fine leads to almost all of the same consequences of losing, and takes away your chance to reduce or eliminate them.
How To Fight Your Traffic Ticket in Ontario
Once you are ready to take the fight to the court, you will have to brave the maze of the legal system to respond to the ticket, prepare, and attend the trial. While you can do this alone, consulting a legal professional is “strongly urged” by the Ontario Court of Justice.
The Court can offer some guidance on the process of fighting your traffic ticket, but the 3 main stages are:
- Responding to Your Ticket
You can check the status of your ticket online, and must respond within 15 days in one of three ways:
- Pay the fine, admitting guilt and accepting all other penalties
- Plead guilty and try to work out a reduced fine with the prosecution
- File your intention to fight the ticket in court
Fighting the ticket in court is the only option that gives you the chance of having the offence dismissed to avoid all fines and other penalties.
- Preparing For Trial
There are multiple angles that can make up your legal defence, including:
- Demonstrating the police officer accurately recorded evidence of the offence
- Collecting evidence to support your case
- Consulting legal representation like JUSTICEJOLT
- Trial Outcomes
On the day of your trial, you will go through the process of:
- Meeting with prosecutor to potentially come to an Early Resolution which carries similar consequences as a reduced guilty plea
- Presenting your case and evidence
- Cross-examining the police officer and their evidence
- Facing the judge’s decision
What You Can Do After Losing Your Trial
If you lose your trial, there are still options available to you through the appeal process or the reopening of the case in light of new evidence.
The appeal process includes:
- Filing a Notice of Appeal
Within 30 days of your original trial, you must submit a Notice of Appeal and explain why you are filing the appeal
- Preparing for your hearing
- You can look up your ticket to pay any fines before moving forward
- Prepare evidence for why the results of the trial should be overturned
- Consult legal advice to help you decide how you can approach the hearing
- Hearing Outcomes
After attending the appeal hearing, the judge will uphold the conviction or offer you:
- A new trial
- An appeal of sentence
- An appeal of conviction
How Legal Help Can Change the Game
While you can work your way through the maze of the legal system and represent yourself, legal representation offers you an experienced professional who can guide you through the process and offer you the best chance at having your offence dismissed. There are costs to losing a dispute, but a free consultation with the competent legal professionals at JUSTICEJOLT can only help you figure out the best choices for your specific case.
Fighting a ticket and winning gives you the opportunity to entirely drop charges over settling with prosecutors or accepting the consequences; no fees, no demerit points, no haunting from raised insurance premiums.
Your legal defence will ensure that:
- Your rights are respected
- The burden of proof is met by the prosecution
- All errors that can get your case dismissed are found
The Overall Risk of Fighting Your Traffic Ticket in Court
The risks of fighting your traffic ticket and losing are higher than paying the fine or taking a plea deal. You could pay additional court fees as well as the original fine, and may face all of the same consequences of the original ticket. Consulting legal representation to see if fighting your ticket in court will give you the highest chances of avoiding a conviction and the increased
The affordable, accessible, and trusted team at JUSTICEJOLT is behind your back in navigating the Ontario court system and seeking justice in your traffic ticket concerns.
TL;DR
- Seeking legal advice from experienced professionals can help you navigate this complicated process
- Fighting your traffic ticket and losing may lead to increased fines from added court fees, as well as all penalties and fines from the original ticket
- Disputing the ticket is still in your best interest in the long-run because you may be able to avoid higher insurance premiums