How do you question an Ontario speeding ticket? What do you do to fight an Ontario traffic citation?
If you want to question or fight a moving violation ticket in Ontario, Canada, such as a speeding ticket, you will need to read the information on the speeding citation to see how to fight the ticket and plead not guilty.
Or you may need to make a trip to the courthouse in person and fill out a form to enter a not guilty plea. From the information we have read, at the courthouse the court clerk may see if a plea bargain deal can be arranged
at this time instead of you going to court, if you so choose to get the charge reduced instead of dismissed.
Normally the choices for a speeding ticket in Ontario include: Plead guilty and pay the fine on the ticket, plead guilty with an explanation or plead not guilty. With the first choice you just pay on the ticket so the offense and demerit points go on your driving record.
If you choose to plead guilty with an explanation option you get to explain your situation to a justice of the peace in hopes of getting your fine reduced. However you should keep in mind that the judge cannot reduce the number of km/h over on the charge nor change the charge.
If you choose to plead not guilty thus to fight the ticket in court then you will need to prepare to show up in court and defend your situation. If you appear on trial and the law enforcement officer does not show up, the ticket would normally be automatically dismissed.
If the cop does show up, you will need to present a case of why you were not guilty for the speeding offense. If you lose, you will pay the fine for the ticket or perhaps the judge will choose to reduce the fine if your defense was strong but not enough to win you the case.
Pleading not guilty allows you to exercise your right to question the prosecution's evidence in regards to your motor vehicle ticket. If you choose to go to trial for the ticket prepare for the case by checking speeding laws, taking pictures of the area the ticket was taken, and gathering your information together that will help you secure your position.
Be sure to read about the laws and to know your rights. Sites such as the Canadian Legal Information Institute and the Ontario Courts official site may be of help. You may also want to check with your library to see about books you can take out on Ontario law such as The Law of Traffic Offences.
You will want to also obtain information on proper court etiquette. For example a Justice of the Peace is referred to as, Your Worship in court while Provincial Court Judges are called Your Honor. The clerk of the court may be able to explain the procedures to you so you may want to visit or call your local Ontario Court of Justice office and ask about traffic court procedural issues.
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