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Traffic Tickets

At Ghasemi Law we can help you receive a lower fine, a lesser charge or have the ticket dismissed if possible. We can represent you in traffic court, work with judges and prosecutors to get your charge dropped or reduced, and help you avoid high fines and other penalties associated with your ticket.

Fighting Charges

Fighting a traffic ticket requires a few carefully planned steps:

  • Review the ticket for mistakes that may be fatal flaws.
  • Assessing risks of suspension, insurance increases, and more.
  • Review evidence and defense strategies.
  • Fight the charge at trial.

Many rely on the urban myth that if a traffic ticket has any details mistakenly spelled is always thrown out. A traffic ticket will NOT be thrown out unless the mistakenly spelled details could mislead the accused person when deciding to fight the charge and lead to being convicted. Some common mistakes, which most are amendable are:

  • The name of the person charged is spelled incorrectly.
  • The license number of the person charged is incorrect.
  • The license plate number for the vehicle involved is wrong.
  • The address where the offense allegedly occurred is incorrect.
  • The date or time that the offense allegedly occurred is wrong.
  • The officer did not sign the traffic ticket.
  • The amount of the fine is incorrect.
  • The offense charge is incorrect.

Insurance rating systems are very complex. Every insurer and every person will have unique characteristics. Insurance ratings may vary depending on your deriving record and conviction history. Therefore, for a better understanding of how insurance rating system work, and how you fit in into the rating system of your own specific insurance company, contact your insurance agent or broker for more information.

It is important to keep in mind that the fines for speeding tickets are statutory prescribed. A judge or justice of the peace has no power to alter the fine. The fine is determined by a mandatory calculation. Best strategy is to negotiate the reduction of the speed that was charged.

In Ontario, the Ministry of Transportation applies a demerit point system as a means of tracking and monitoring the traffic ticket conviction frequency and severity of drivers. Demerit points are only applied upon conviction for a traffic violation. Accordingly, the points remain on your record for two years. The conviction for which the demerit points were acquired remain on your record for three years. Accumulate too many points and your driver’s license may be suspended.

At the scene of an accident or traffic stop, the police may charge the harshest offense applicable to the circumstance. This way the police provide the prosecutor with an opportunity to negotiate a resolution with the accused. Although there can never be complete assurance that a charge such as careless driving, and many others can be successfully fought, getting a traffic ticket charge reduced, may protect your driving record, and have less possible impact on your insurance rates.

Our Services

Our team of professionals are positioned to provide you with quality legal services.  We can help you protect your good driving record, avoid car insurance increases, decrease demerit points penalties, save on ticket fines, and even avoid jail time.

Parking Tickets

  • Parking tickets may vary depending on the city the ticket has been issued.

 

Common Minor Charges

  • Driving too slowly
  • Follow too closely
  • Speeding 1-29 km over
  • Passing of bicycle
  • Traffic lights
  • Disobey sign
  • Signalling intentions
  • High occupancy lane
  • Failure to report an accident

Common Major Charges

  • Speeding 30-49 Km over
  • Driving while disqualified
  • Driving with handheld device/electronics

 

Serious Charges

  • Stunt driving
  • Speeding 50 km and over
  • Careless Driving
  • Driving without insurance
  • Failure to stop for the school bus

FAQs

How long do I have to respond to a ticket?

  • 15 days from the issue date.

Can I pay the ticket and fight it in court after?

  • No, once the ticket has been paid you automatically accepted you’re guilty of the charge and agreed to pay the fine.

I missed my trial date and was convicted. Can I appeal?

  • Yes, there are 3 steps required to appeal a conviction and your legal representative will assist you.

If I drive someone else’s car and later discover they have no insurance, who is responsible?

  • Both you and the owner are responsible to ensure you are insured before you operate the vehicle. If you fail to do so, both of you could face a $5,000 fine which attracts a $1,000 victims fund surcharge making the total $6,000 each for the first offense, and $10,000 plus $2,000 equivalent to $12,000 each for the second offense.

What happens if I don’t do anything?

  • You will be found guilty in your absence as you are deemed not to dispute the charge on the basis of your failure to respond. Your license could be suspended for unpaid fines if you fail to pay the fine and costs. Not knowing of the unpaid fine is not a defense. You could even face jail time for serious tickets.

My license is suspended for unpaid fines, what do I do to get it reinstated?

  • You must do two things. First, pay all outstanding fines, costs, and late charges at any provincial court. Second, 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. You must keep in mind that once your application is accepted, it takes approximately four business days to process. In the interim, you are still suspended and must not drive.

Why is the Victim’s Fund Surcharge added to tickets?

  • This is a special find dedicated to assist victims of crime. A small percentage is added to each provincial offence fine and is earmarked for this fund.

If there is an error on a ticket, is it automatically dismissed?

  • No, minor errors are simply amended for accuracy, but not dismissed.

Should I plead guilty?

  • just because you did it doesn’t mean you are guilty. Never plead guilty without knowing the consequences of a guilty plea. They can be very serious and may affect your record drastically.

When should I consult with a legal advisor?

  • The sooner the better. There may be evidence that needs to be preserved or witnesses lined up. A knowledgeable legal representative can alert you to what evidence should be collected immediately.

If the officer does not show up for the trial, is the matter automatically dismissed?

  • the provincial prosecutor has the right to request an adjournment to another day just as the defense has of 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.

What is the difference between a summons and a Provincial Offences Notice?

  • The summons requires you to attend court and has no set fine option allowing you to simply plead guilty and mail in your cheque. The Provincial Offences Notice gives you options to plead guilty and pay the fines, and to plead not guilty and request trial.

Can I plead guilty with an explanation and ask for a lesser fine and/ or points?

  • You/ your representative can plead guilty but the Justice of the Peace has no control or authority over points. This is a Ministry of Transportation issue set by the Province. As for the fine, the Justice of the Peace has discretion under the Provincial Offences Act to reduce the fine if there is a justifiable reason to do so.

If I am convicted of a traffic violation, will my insurance go up?

  • In many cases, yes. Insurance company rates and forgiveness factors vary from company to company and are based on several facts such as the age and driving experience of the driver, the class of license, and the amount of points.

Contact Ghasemi Law

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Welcome to Ghasemi Law Professional Corporation. As the firm’s director, I would like to offer my warmest greetings and best wishes for your real estate transaction.
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© Ghasemi Law 2023

CONTACT US

Welcome to Ghasemi Law Professional Corporation. As the firm’s director, I offer my warmest greetings and best efforts for your legal journey.

© Ghasemi Law 2023

Design & SEO by Canada Create™

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