Reopening Applications | Appeal Traffic Tickets | Trials for Traffic Tickets
Anyone charged with a traffic ticket will inevitably have questions. Here are some of the answers to the most frequent questions Traffic Law Paralegal Services has answered.
Q. I have received a traffic ticket but it does not carry any demerit points. Will it affect my driving abstract?
Yes. If you are convicted of a traffic ticket under Highway Traffic Act a conviction will be registered on your driving abstract regardless of demerit points. Some of the most serious violations such as operating a car without insurance do not carry any points but have drastic consequences. In many situations you may avoid a conviction and keep your record clean. Call us for free consultation.
Q. I know I have committed the alleged traffic offence. Is it worth fighting my traffic ticket?
Notwithstanding your position it is a duty of prosecution to prove "all elements" of the allegation against you. In many situations evidence is lacking and conviction cannot be entered. Often, there are procedural issues that may result in the ticket being dismissed or cancelled.
Q. How many demerit points do I have?
If you have full "G" license you may accumulate 15 demerit points. Upon reaching 15 demerit points your driving license will be suspended. If you accumulated 9 or more demerit points Ministry of transportation may invite you for an interview to discuss your situation. Novice drivers have only 9 demerit points. Novice drivers can also get suspended as a result of MTO escalating sanctions.
Q. I received a traffic ticket and my trial date is delayed. Can I argue unreasonable delay?
Yes. Canadian Charter of Rights and Freedoms guarantees certain rights including a right to be tried within reasonable time. Constitutional challenges are complicated and require careful consideration of all factors. We can help you with this argument. If you believe your traffic ticket matter was delayed contact us for a free evaluation.
I heard that Police officers are always believed in court. How can I convince the Court to believe me instead?
Evidence of a police officer is not any different than yours. Police officers evidence is often not accepted resulting in charges being dismissed. It is our job to explore and identify weak points and argue reasonable doubt to win your case. Effective cross-examination techniques and solid knowledge of law is our tool to assist you.
Q. I received a traffic ticket but missed my court date and was convicted in my absence. Can anything be done?
Provincial Offences Act provides for a process that is called "reopening". If you can satisfy the court that you missed you trial date without your fault a conviction may be set aside and new trial date scheduled. This process is time sensitive.
Q. I received a traffic ticket and had a trial. I was convicted but disagree with the decision. Can I appeal my traffic ticket?
Yes, you can appeal traffic ticket conviction. It is important to keep in mind that traffic ticket appeal process is different from trial and is time sensitive. Consult with traffic ticket professional at Traffic Law Paralegal Services to discuss appealing your traffic ticket conviction.
If you received a traffic ticket, speeding ticket, careless driving or charged with other offence call to discuss your case today (905)206-9080.
Traffic Law Paralegal Services has been defending traffic violations and summary criminal offences in Ontario for almost two decades.
At Traffic Law you will receive experienced and competent representation fighting traffic and criminal charges (summary offences). Most common allegations include careless driving tickets, stunt driving, no insurance and more.
Serhiy Senatorov is an owner of Traffic Law Paralegal Services, former vice-president of Licensed Paralegals Association (Ontario), former vice-president and one of the founding board members of the Ontario Paralegals Association and a regular speaker on continuing professional development in a legal community.
Serhiy Senatorov is providing trusted and reliable defense in Ontario and confident to help you.