| - FREQUENTLY ASKED QUESTIONS
-
Ticket Offenses
1. Should I fight my traffic
ticket?
If you feel you were unjustly charged with any provincial offence
including one under the Highway Traffic Act, the Compulsory
Automobile Insurance Act or Liquor Licence Act, you should contact
us immediately.
Back to the FAQ Index
2. How long do I have
to dispute a ticket?
15 days from the issue date. If you are over this time limit-please
call us. Back to the FAQ Index
3. What happens if
I don't do anything?
You could be deemed not to dispute the charge and found guilty
in your absence on the basis of your failure to respond. Then,
if you fail to pay the fine and costs within 15 days, your
licence could be suspended for unpaid fines. Back
to the FAQ Index
4. What is the Victim's
Fund Surcharge added to all tickets?
This is a special fund dedicated to assist victims of crime.
A small percentage is added to each provincial offence fine
and is earmarked for this fund.
For Example:
- a $40.00 fine has $ 5.00 added
- a $90.00 fine has $15.00 added
- a $1,000.00 fine and over has 20% added
Therefore, a $5,000.00 fine for no insurance, for example,
has $1,000.00 added making the total $6,000.00. Back
to the FAQ Index
5. If there is an
error on a ticket, is it automatically dismissed?
No. Minor errors are simply amended for accuracy. Only if
the error or omission causes prejudice in any way as to not
serve jurisprudence-only then could there be grounds for a
request to have the charge stayed or quashed.
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6. How many points
will I lose for this offence?
Please click here to read about the
Demerit Point System. However, for
criminal traffic offences, which are know also as "strict
liability offences" you should call us. Examples are:
- Impaired Driving or over 80
- Dangerous Driving
Highway Traffic Act charges can include;
- Careless Driving (6 points)
- Driving under suspension (major fine and suspension)
- Following too close (4 points)
- No Insurance
o Minimum $6,000 fine for 1st offence
o Minimum $12,000 fine for 2nd offence
o Suspension of licence
- Making a false statement (major fine)
- Fail to remain (7 points)
- Fail to report (3 points)
- Fail to stop for School Bus (6 points)
- Red Lights / Stop Signs (3 points)
- Improper Passing (3 points)
- Improper Turns (usually 2 - 3 points)
- Disobey Signs (usually 2 - 3 points)
- Seat Belts (2 points)
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7. Can I plead guilty
with an explanation and ask for a lesser fine and/or no points?
Yes and no. You or your agent can plead guilty but the Justice
of the Peace has no control or authority over points.
These are statutory set by the law. As for the fine, the Justice
of the Peace has discretion under the Provincial Offences Act
to reduce the fine if there is justifiable reason to do so.
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8. If the officer does not show
up for the trial, is the matter automatically dismissed?
No. The provincial prosecutor has the right to request an adjournment
to another day just as the defence has if there is a valid reason.
However, on minor traffic matters, many provincial prosecutors
will withdraw the charge if the officer is absent rather than
require the defendant to attend another day.
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9. If my license is
suspended for unpaid fines, what do I do to get it reinstated?
You must do two things: 1. Pay all outstanding fines,
costs and late charges at any provincial court.
2. Then, take your receipt to the Ministry of Transportation
and apply for reinstatement. There is an additional $100.00
fee for this application over and above all fines.
Please Note:
Once your application is accepted, it takes approximately
four business days to process. In the interim, you are
still suspended and must not drive. Back
to the FAQ Index
10. How long do demerit
points stay on my record?
Two to three years, but the information may remain on the
Ministry of Transportation computer for several years even
after points have been restored. This data is often used by
insurance companies in their decisions regarding new policies
or renewals as well as by employers with respect to their
hiring policy of drivers. Back
to the FAQ Index
11. Will my insurance
go up if I am convicted of a traffic violation?
In many cases, yes. Insurance company rates and "forgiveness
factors" vary from company to company and are based on
several facts including:
- the age and driving experience of the driver
- was an accident involved
- was alcohol involved
- how many points is this offence
- how many moving violations has this driver had in the
past
- what is the class of license
Generally speaking, for one minor ticket of 3 points or less
over 3 years where an accident is not involved and the driver
has a full G license (or better), there is no increase in
rates.
However, for a specific answer, contact your insurance
company, keeping in mind that this may trigger an enquiry
or review which in turn may result in an increase.
Back to the FAQ Index
12. Is it worth spending
more to fight a lessor amount ticket? Do I have to pay everything
up front?
After a conviction, your insurance rates can, and most probably
will increase anywhere from 25% to 50% for 3 to 5 years. It
is wise to spend a little now, to save a lot later.
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13. I missed my trial
date and was convicted. Can I appeal?
Yes and we can do the entire application and appeal process
for you. Call us for more details on the 3 steps required
to appeal a conviction and/or sentence.
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14. If I received
a ticket in Northern Ontario, can I ask for my trial to be
here in the GTA where I live or do I have to go back to Northern
Ontario for trial?
Provincial Offences matters are heard in the courts having
jurisdiction over the area in which the offence was committed.
However, we as your agent can go or have one of our associates
in that area go to court on your behalf.
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15. If I am charged
with impaired driving and/or "over 80", can you
help me?
Yes! These are criminal charges but we have lawyers as associates
who are experts in this area. The fieldwork is done by the
paralegal staff. The actual trial is done by a lawyer. You
must call immediately if you have been arrested for this or
any other criminal offence.
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16. Can I sue for
being injured in an accident?
Yes, but there are rules and limitations. Call us for details
in answer to your specific case.
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17. Do you "guarantee
to win or it's free"?
No. We will do a professional job to the best of our ability
but it is possible that we may not win. However, read the
fine print in contracts from companies offering a guarantee
of "We win or it's free". Ask them;
- Is a lesser fine a win?
- Is a conviction for fewer points a win?
- What are your total charges for representing me
in court?
Once you get this information, read it carefully, and then
call us to compare our rates and services.
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