A speeding traffic ticket is subject to section 128 of the Highway Traffic Act.
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Joined: Sat Apr 10, 2021 5:36 pm

First Time Speeding Offence Under A Parent's Car

by: yellowrose16 on

I got a notice today for a first time speeding offence from the City of Toronto from 2 weeks ago.

It's an Automated Speed Enforcement System Offence Notice that includes a picture of my car and the licence plate, was it was signed by an officer that issued the notice - I was never physically stopped that day. I was driving at 68 km/hr at a 50km community safety zone on McCowan Road.

I think back to that day and I was surprised I was even driving that much faster on a 50km road, because I'm always very careful on 40 and 50 km sign roads...especially if it's a road like McCowan that I am aware is already very busy most of the time as a main road and where accidents frequently happen, so the chances of speed traps being there are more likely. The only reason I could think of why I happened to go that speed that day was that I was coming home in the evening from an appointment I had and I remember that I was thinking out loud intensely about a specific topic.

So on the notice at the bottom, it says that the Highway Traffic Act provides that "you, as the owner, are liable for this offence even if you were not the driver at the time, subject to limited exceptions. Neither demerit points nor a driver's licence suspension will result from your conviction for this offence." It then goes on to say that the provincial offences officer has certified that the automated speed system used in detecting the speeding was in proper working order at the time.

Now, I am confused about a couple of things. On the Ontario provincial law site it says that speeding 16km/hr to 29km/hr over results in 3 demerit points. However, the aforementioned note above says that demerit points will not result in the conviction, which I am assuming means that if I pay off the fine, they won't write anything on my record. Another important thing here is that, I am not the owner of the car - the car is under my dad's name, but I am on the insurance as a driver. But the offence was still written under my dad's name since it was an automated one. I sped 18km/hr over technically, but it doesn't mention anything about demerit points on the letter I received...does that mean the officer never assigned me demerit points?

The 3 options given in the letter are:

Plea of Guilty - Voluntary Payment of Total Payable ($115)

Early Resolution - Meet with Prosecutor (by choosing this option you do not forego the right to a trial)

Trial - appear before a justice to enter a plea of not guilty and to have a trial.

Any advice and thoughts on what the best course of action would be to do in this situation? I'm wondering if because the note is there, if it would be a bad idea for me to go to court - in case if I end up actually getting demerit points on my own record. Is this worth fighting in court? I'm not sure what valid excusable reasons I could give for it and if they would accept it. I know I do speed a little like most of us drivers do, but I am a little surprised at myself it was on that specific road because it's one of those ones I'm usually more mindful of. But that day I remember I was emotional after my appointment so I really could have been too distracted with my own mind.

I would appreciate any advice or tips given, thank you.

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Joined: Wed Sep 19, 2012 1:44 am

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by: bend on

You received an automated speed enforcement camera charge. It's a glorified parking ticket so you can pretty much treat it like one.

There are no points, no insurance implications, nothing. The ticket doesn't follow a license since they don't know who was driving.

Pay it or ask for an early resolution. With an early resolution, you might save a couple bucks.

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