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Traffic Tickets

Traffic tickets are one of the most common ways people interact with Ontario’s justice system. If you’ve received a traffic ticket in Ontario, paying it might seem like the simplest solution. But paying a ticket is an admission of guilt — which could lead to high fines, demerit points, insurance increases, licence suspensions, or even jail time. Understanding these laws, the possible consequences, and your legal options can help you make informed decisions about how to respond.

Whether your ticket falls under the Highway Traffic Act (HTA) or the Compulsory Automobile Insurance Act (CAIA), you have the right to fight your traffic ticket and require the prosecution to prove the case against you.

Highway Traffic Act (HTA) – This is Ontario’s primary piece of legislation governing road use, driver behaviour, vehicle safety, and traffic control. It covers everything from speeding to careless driving to driving without a valid licence.

Compulsory Automobile Insurance Act (CAIA) – This Act makes it illegal to operate a motor vehicle without valid automobile insurance. Every driver in Ontario must carry proof of insurance and present it to a police officer upon request.

Key Terms

  • Highway – Under the HTA, “highway” includes any public road, street, avenue, parkway, driveway, or bridge intended for vehicular use by the public.
  • Motor Vehicle – Any automobile, motorcycle, or other vehicle propelled by power other than muscular power.
  • Demerit Points – Points added to a driver’s record when convicted of certain driving offences. Accumulating too many can result in licence suspension.
  • Part I and Part III Tickets – Part I tickets are less serious (e.g., speeding, minor traffic offences) and are usually served on the spot. Part III offences are more serious and require a court appearance.

TYPES OF CHARGES

Common Highway Traffic Act Charges

  • Speeding (HTA, s.128) – Driving above the posted speed limit. Penalties vary depending on how far over the limit you were driving.
  • Fail to Stop at Stop Sign (HTA, s.136(1)(a)) – Not coming to a complete stop before entering an intersection.
  • Fail to Stop at Red Light (HTA, s.144(18)) – Entering an intersection after the signal has turned red.
  • Fail to Wear Seatbelt (HTA, s.106) – Not properly wearing a seatbelt or failing to ensure passengers are wearing theirs.
  • Careless Driving (HTA, s.130) – Driving without due care and attention or reasonable consideration for others.
  • Stunt Driving / Racing (HTA, s.172) – Driving 50 km/h or more above the speed limit or engaging in competitive/aggressive driving.
  • Drive with Handheld Communication Device (HTA, s.78.1(1)) – Driving while holding or using a handheld wireless communication device.

Common Compulsory Automobile Insurance Act Charges

  • Driving Without Insurance (CAIA, s.2(1)) – Operating a vehicle without valid liability insurance.
  • Fail to Surrender Insurance Card (CAIA, s.3(1)) – Not producing proof of insurance when requested by a police officer.

POTENTIAL PENALTIES

The potential penalties are dependent upon several things, including the class of driver’s license you hold as well as the type of offence you have been charged and/or convicted of. Most convictions result in demerit points and a fine, while others may also potentially include a driver’s license suspension and/or jail time. Most sections of the HTA or CAIA have a set fine for the specific offence. For sections of the HTA that lack specific details about the applicable fine the general penalty per s. 214 applies, which is a fine ranging between $60-$1,000.

The penalty for accumulating too many demerit points depends upon the class of driver and how many demerit points are accumulated. For a fully licensed driver that accumulates between nine and fourteen points, an interview may be required to discuss continued driving privileges and to review whether the driver’s license should be suspended. Fifteen points or more results in an automatic thirty-day license suspension. For a novice driver, an interview may be required if six to eight points are accumulated and a sixty-day license suspension occurs after accumulating nine points or more.

Demerit Points

Demerit points only remain on you driving record for a period of two years, however, the conviction will remain on your driving record for three years. However, there are different dates used to calculate the amount of time demerit points and conviction will stay on your record. Upon conviction, demerit points are applied to the record to show the date of the charge. However, for the offence itself, the date of conviction is applied.

It is widely believed that demerit points affect insurance premiums and ratings. However, demerit points are irrelevant to insurance rates because insurance companies use a different driving record system when determining insurance rates for the driver. Insurance companies do review the conviction history of the driver and so it should be noted that a conviction resulting in demerit points assigned to a driving record by the Ministry of Transportation and an insurance company adjusting rates for the conviction are two different concerns even though both occur due to the same thing – the occurrence of a conviction.

If a driver is convicted of a driving offence within another Canadian province, demerit points will be applied by the Ministry of Transportation based just the same way as if the conviction for the driving offence occurred within Ontario. Similarly, Michigan and New York have a reciprocal reporting agreement with the MTO and if convicted for a driving offence in these states demerit points will also be applied just the same way as if the conviction occurred within Ontario.  

WHAT THE CROWN HAS TO PROVE

In Ontario, most traffic offences are either absolute liability or strict liability offences under the Provincial Offences Act. With absolute liability offences, the Crown only has to prove the act, or “actus reus”, took place. With strict liability offences, the Crown must still prove the act took place, but you can raise the defence of due diligence showing you took all reasonable steps to avoid committing the offence. However, regardless of the charge the Crown must prove beyond a reasonable doubt that you committed the offence you have been charged with.

POTENTIAL DEFENCES

Pleading guilty and paying the ticket given in option #1 is never recommended as a payment of the fine will be accepted as an automatic admission of guilt. This will result in a conviction on your driving record for the charge as laid and you will suffer the full consequences which may include demerit points and/or a driver’s license suspension. The second option given of requesting a meeting is also not recommended as you will not receive a copy of the disclosure, or evidence that the Crown has against you. If you attempt to have a meeting, your explanation to the Crown will likely do more harm than good without knowing the strength of the case they have against you and will not likely result in a withdrawal. It is always recommended to request a trial so that you may request and receive the disclosure to better determine the strength of the case against you and any possible defences.

Potential defences available to you may include:

· Identity Dispute – Crown cannot prove you were the driver (except owner liability offences).

· Equipment Error – Radar/laser not properly calibrated.

· Proof of Insurance Available Later – Can result in charge withdrawal or reduction.

· Mistake of Fact – You reasonably believed your insurance or licence was valid.

· Procedural Errors – Mistakes in ticket or disclosure process.

· Necessity/Emergency – Rare but valid defence in specific cases.

Red-Light Camera Tickets

Red-light camera tickets are issued when an automated camera captures a vehicle entering an intersection after the light has turned red. These tickets do not result in any demerit points, nor do they impact your insurance premiums, as the identity of the driver cannot be confirmed. The vehicle owner is responsible, regardless of who was driving. Glass Gavel Law does not assist in fighting red-light camera tickets, as typically the most that can be done is a reduction in the fine. However, some possible defences that may be available to you would be wrong or unclear license plate in the image, a camera malfunction or timing error, or procedural defects in the ticket.

HOW WE CAN HELP

It is important to understand that the available defences are unique dependent on your specific case. Glass Gavel Law has the experience to review your case and work with you to put forward the best possible defence. We will review the disclosure for errors, identify any legal and technical defences, negotiate with prosecutors for reduced penalties, and protect your license and insurance rates. Contact Us or call 1-833-344-2835 for a free 30 minute consultation today.