How to Defend Yourself against a Traffic Ticket in Ontario


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How to Defend Yourself against a Traffic Ticket in Ontario

by: admin on
Sun Oct 25, 2009 5:55 am

How to Defend Yourself against a Traffic Ticket in Ontario Canada

Determining what type of ticket you have received is the first step in defending yourself against a traffic ticket in Ontario Canada. The two types of tickets are the Violation Ticket given for minor traffic violations such as speeding and the other is the Offense Notice issued for non-moving violations such as wrongful parking.

With the Violation Ticket one can dispute the allegation - that you committed the offense or someone may dispute the amount of the fees requested to pay for the violation. The Justice of the Peace is the one who doles out the fines and cannot charge a lesser fine then the law sets forth however they can reduce the supplemental fee. A person needs to tell the Justice of the Peace of their financial situation so that the Justices of the Peace may determine a suitable fee structure on their behalf.

There are two ways to dispute the Violation Ticket; one way is in writing with a brief letter of explanation regarding one's wishes to dispute the ticket. The second way is to go in person to the address shown on the front of the ticket and request a formal Notice of Dispute form.
To dispute an Offense Notice, one must go to the courthouse and follow the procedure outlined by the clerk. An investigation form must be requested from the clerk, the form lays out the reason for the dispute. The Head Commissionaire is in charge of deciding if the offense of notice was properly given or not. If this does not go in your favor, one can request a hearing, which will be held in traffic court, to further dispute the Offense Notice.

If a person was charged with the Criminal Code Offense, this would be considered dangerous driving, impaired driving or racing and then the driver will be given a summons to appear in court. An arrest warrant can be issued if the person fails to show up at the prearranged time for the hearing. In addition to having to appear in court, this document may require the offender to be fingerprinted and photographed on a certain day and time. Failure to come to the fingerprinting and photographing is also an offense against the court and an arrest warrant will be issued.

With any traffic offense it is important to search for witnesses to what may have happened in addition to documenting exactly what happened and why. Additionally, if someone has been charged with Offense Notice, a certified mechanic may be able to clear your vehicle of something like driving with bald tires or missing taillight. These types of documentation may help the court ruling your favor.


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