the fundamental guide to traffic tickets in ontario

i

CRISTIAN A. BIRON

Licensed Paralegal

Member of the Law

Soc iety of Upper Canada

biron@TicketFight .com

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Copyright (c) 2013-2015 Cristian A. Biron. All rights reserved,

including the right to reproduce this book or portions thereof in any form whatsoever.

Before reading and using this Guide, please read the Disclaimer

at the end of the book

This Guide is intended to serve as a foundation of necessary knowledge to deal with a traffic ticket effectively and efficiently. It is not intended to replace the skill, knowledge and experience that may be offered by counsel. Some procedural and legal aspects of ‘fighting’ a traffic ticket are not covered here as they fall beyond the intended scope of this book. Further readings and consultation with licensed professionals are advised.

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DEDICATION

AND

ACKNOWLEDGMENTS

For my daughter s Danie la , Is sabe l la and

X imena and, o f course , for my beaut i ful w i fe

X iao j ing .

Thanks to a l l o f the j us t i ces o f the peace who

have end ured my presence in the ir

courtrooms, espec ia l ly those who have been

more than pat ient w i th me .

“ I am very upset w i th my husband for

p ub l i sh ing thi s g uide . Af ter so many years o f

hard work and hands -on exper ience he le ts

everybody know trade secrets and what o ther

profess ional s don ’t want anybody to know.

I t ’s we l l wr i t ten, very easy to understand and

f ul l o f great informat ion. Now everybody who

gets a t raf f i c t i cket can save money a nd we

wi l l end up lo s ing bus i ness .

X. R.

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CONTENTS

ABOUT THE AUTHOR ........................................................... > 1

INTRODUCTION ................................................................... > 3

WHAT IS A TRAFFIC TICKET? ................................................ > 5

Offence Notice ............................................................... > 5

Pay the ticket ~ Plea of Guilty

Voluntary Payment of Total Payable ........................ > 5

Plead Guilty in Court. ................................................ > 6

Trial Option - Dispute the charge. ............................. > 7

Summons ....................................................................... > 8

I GOT A TRAFFIC TICKET NOW WHAT? ............................... > 10

Are you guilty of the alleged offence? .......................... > 10

Do not despair ............................................................ > 10

Do not wait ................................................................. > 11

Get legal advice .......................................................... > 12

MAY I REPRESENT MYSELF

OR DO I NEED A LAWYER OR PARALEGAL? ...................... > 13

Should I hire a lawyer or paralegal? ............................ > 13

Representing yourself ................................................. > 14

An informed decision .................................................. > 14

WHAT CAN I DO BEFORE I HIRE

A LEGAL REPRESENTATIVE? ............................................. > 16

Disclosure .................................................................... > 19

HIRING A LAWYER OR PARALEGAL...................................... > 20

v

Where do I find a lawyer or paralegal? ......................... > 20

How do I choose a lawyer or paralegal? ........................ > 21

Former and Ex-Police Officers ..................................... > 23

Common question my (smart) clients ask .................... > 24

Service Agreement or Retainer .................................... > 26

GOING TO COURT ............................................................ > 29

Court Setting ~ The Players and Their Role .................. > 30

The Justice of the Peace ......................................... > 30

The Prosecutor ...................................................... > 30

The Court Clerk ..................................................... > 30

The Court Reporter ................................................ > 31

Witnesses .............................................................. > 31

Court Etiquette ...................................................... > 31

GOING TO TRIAL ............................................................. > 33

Disclosure and the Evidence against You ..................... > 33

THE CHARTER OF RIGHTS AND YOU .................................. > 36

OTHER SOURCES OF INFORMATION .................................. > 37

USEFUL INTERNET LINKS ................................................ > 39

Professional Associations ............................................. > 39

Courts ......................................................................... > 39

Statutes (Law) .............................................................. > 39

Highway Traffic Act (HTA) ............................................ > 39

HTA Offences Listed in order of Demerit Points ............ > 40

7 points offences .................................................... > 40

6 points offences .................................................... > 40

5 points offences .................................................... > 40

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4 points offences .................................................... > 40

3 points offences .................................................... > 40

2 points offences .................................................... > 41

Frequently Consulted HTA Regulations ........................ > 41

Other HTA Regulations................................................. > 41

Highway Traffic Act 2013 Amendments Bills ................ > 43

Provincial Offences Act (POA) ....................................... > 43

Deemed not to dispute the charge .......................... > 43

Reopening .............................................................. > 43

POA Regulations .......................................................... > 43

Compulsory Automobile Insurance Act (CAIA) .............. > 44

CAIA Regulations ......................................................... > 44

Insurance Act (IA) ......................................................... > 44

IA Regulations .............................................................. > 44

Courts of Justice Act (CJA) ............................................ > 44

CJA Regulations ........................................................... > 44

Justices of the Peace Act .............................................. > 44

Canadian Charter of rights and Freedoms .................... > 45

Case Law ..................................................................... > 45

CanLII Courts’ Decisions/Case Law Database .......... > 45

Driving under suspension ....................................... > 45

Stunt riving ............................................................. > 45

Failing to remain at the scene of an accident .......... > 45

Careless driving ...................................................... > 45

Following to closely ................................................ > 45

Speeding ................................................................ > 45

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Stop sign ................................................................ > 45

Red light ................................................................. > 45

Amber (yellow) light ................................................ > 45

Hand held devices / cell phones.............................. > 45

Ministries & Government ............................................... >45

Transportation ........................................................ > 45

Attorney General ..................................................... > 45

Financial Services commission ................................ > 45

Legal Aid Ontario .................................................... > 45

FINAL WORDS ................................................................... > 46

DISCLAIMER ...................................................................... > 47

- 1 - www.ticketfight.com

ABOUT THE AUTHOR

There is no greater professional satisfaction than

being next to my client at the exact moment when

the justice of the peace pronounces:

“Case Dismissed”.

I have been an advocate and paralegal for over 30 years. I

started my advocacy in 1983 and since then I have helped and

represented hundreds of people in different tribunals, government

agencies and lower courts, many of them for free. Until 2003, I

was also working as a computer consultant and programmer. In

2004 I opened my paralegal practice and started to defend Ontario

http://www.ticketfight.com/

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drivers charged with moving violations and traffic tickets, almost

exclusively. I became a Law Society of Upper Canada licensed

paralegal in 2009. During the last 10 years or so I have gained a

great deal of experience and knowledge about all aspects of

‘fighting’ traffic tickets. In this guide I would like to share some of

my knowledge with you.

I wrote this Fundamental Guide to Traffic Tickets in

Ontario to help empower Ontario drivers charged with moving

violations. In this guide I intend to provide you with simple, yet

valuable information to help you to better deal with a traffic ticket.

This guide is not intended to provide legal advice, nor should it be

taken as such. Here you will find basic information and guidance,

however, you will notice that throughout this guide I constantly

reiterate the fact that, faced with a traffic ticket, you should get

proper legal advice from a qualified and experience solicitor or

paralegal. (please read the disclaimer).

I have included over 200 Internet Links that put at your

finger tips a myriad of valuable information related to traffic

tickets. Following these links you will be able to read the text of

the law for your specific charge. Similarly, you will have access to

higher court decisions dealing with the same charge as yours. You

will also have access to various related government websites and

databases; professional associations and the rules of the courts as

well as the official forms used by the courts.

Back to Contents



INTRODUCTION

There are many misconceptions about what traffic tickets

are all about and how to deal with them. In general, people don’t

know the process of defending a traffic ticket. Some people get

confused and scared as they are suddenly forced to enter into an

unknown and uneven fighting arena. In fact, when charged with a

moving violation, you are engaged in an adversarial process

against the state. Police officers and prosecutors –the people that

want to have you convicted– have lots of experience and

knowledge about traffic tickets and the court system. The entire

process may feel confusing, hostile and threatening.

Millions of Ontario drivers are charged with moving

violations every year. It is a big industry generating millions of

dollars for the province and municipalities and providing

employment for many people. If you have a traffic ticket, believe

me, you are not alone.

Everyday traffic courts are crowded with people challenging

their traffic tickets. Most of them enter into a “resolution” where

charges are reduced in a plea bargain process. Many of them go

to trial; however, it is well known that if every moving violation



charge was to be dealt with in a trial, there would not be enough

courts or justices of the peace to deal with them.

In this guide I attempt to explain the process and mechanics

of traffic tickets in Ontario and to give Ontario drivers a helpful

insight on how to defend traffic tickets in an efficient and effective

way.



WHAT IS A TRAFFIC TICKET?

What we usually call a traffic ticket is a document notifying

you that you have been charged with a moving violation. It could

be an Offence Notice or Summons to appear in court or any

combination of them.

Offence Notice

An offence notice is exactly that - a notification informing

you that you have been charged with violating a particular statute.

In this guide I will refer to the Highway Traffic Act and moving

violations exclusively.

Presently there are two Offence Notice forms used by the

provincial offences officers. These forms are defined by the

Provincial Offences Act and related regulations. There are some

procedural differences between them, as explained below.

When a provincial offences officer, usually a police officer,

serves you with an offence notice you have three options:

1. Pay the ticket ~ Plea of Guilty – Voluntary Payment of Total

Payable. Forms 3 & 4. You can pay the Total payable shown



on the ticket, but if you do so, you will be pleading guilty to the

offence as charged and the conviction and any demerit points

associated with the offence will be registered on your Driving

Record. This may be a good option when you get a ticket for a

relatively minor violation, but not when charged with a more

serious offence for which you may have a defence. (See below)

2. Plead Guilty in Court.

a) Form 3. Plea of Guilty ~ Submissions as to Penalty.

You can appear before a justice of the peace and make

submissions regarding the penalty –not whether you are

guilty or not. Usually you would ask for a reduction of

the fine, time to pay or for a suspended sentence. The

justice of the peace may, in some cases, lower the fine

imposed and give you time to pay. The justice of the

peace does not have jurisdiction or authority to remove

the offence from your driving record or eliminate any

demerit points that may be attached to the offence.

b) Form 4. Early Resolution ~ Meet with the Prosecutor.

You may also ask for a meeting with the prosecutor to see

if the case may be resolved without a trial. Many times the

prosecutor will be willing to amend the Certificate of

Offence to reflect a lesser but included charge. For

example, if you are charged with speeding, the

prosecutor may ask the court to amend the certificate to

reflect a lower speed to which you will plead guilty. The



Certificate of Offence is the original charging document

and the Offence Notice is simply a copy of it with a

different name. One is to certify in court that you were

served and charged and the other is to notify you that you

have been charged.

3. Trial Option - Dispute the charge.

a) Form 3. To do so, you must file with the court a Notice of

Intention to Appear. Also known as NIA, which means that

you will attend at a trial to dispute the ticket. You or

someone acting for you must file the NIA in person by

attending the court office indicated on the ticket.

b) Form 4. You must complete Option 3 on the back of the

ticket and send it to the court office at the address

indicated on the ticket. You may do this by mail.

In both cases, you may request that your trial be held in

English or French. If you are not proficient in English or French,

you may ask for an interpreter who will translate to and from your

first or preferred language during the trial. You also must indicate

whether or not you will be challenging the evidence provided by

the provincial offences officer.

This is, in my respectful opinion, an unnecessary question

because without challenging the evidence of the officer you will

most likely be convicted. Always choose to challenge the evidence

of the officer.



If you do not exercise any of these options within the time

specified by law you may be deemed not to dispute the charge,

also known as fail to respond, and you will be convicted in

absentia.

For an offence notice to be legally valid it must be complete

and regular on its face, which means that the officer must include

all necessary information on the ticket, otherwise the certificate of

offence should be quashed and the charges thrown out.

Summons

Normally, an officer will serve you with a summons when

you are charged with a more serious offence, such as stunt driving

or driving without insurance. It is also common that you will be

served with a summons when you are involved in a collision and

the officer believes that you are at fault. Officers may also use a

summons to charge you with minor offences as well.

There are important differences between a summons and an

offence notice. Where an offence notice gives you a few options

on how to deal with the ticket out of court, a summons is an order

that you attend court and inform the court what your intentions

are in dealing with the charge. Summonses do not include the fine

or an option to pay out of court.

If you get a summons, you must attend court at the place,

date and time indicated on the summons. If you cannot make it, be

sure that somebody goes to court on your behalf and explain to


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the court why you could not make it that day and ask the court to

provide you with another date. What follows after that is quite

similar to an offence notice.

When you attend court in response to a summons, you may

advise the court that you would like time to talk to a lawyer or

paralegal to get legal advice; that you need more time because you

are not sure of what to do; that you need time to have resolution

discussions with the prosecutor; you may set a date for trial or you

can plead guilty to the offence or amended certificate and speak to

the penalty and ask the court for time to pay the fine, if any. If

you can not make it to court, you may ask an agent to appear on

your behalf. If you do not attend court and do not send anyone to

speak for you, the court may issue a warrant for your arrest. The

agent may be a friend or relative.



I GOT A TRAFFIC TICKET

NOW WHAT?

Are you guilty of the alleged offence? You may think that

you are guilty of the alleged offence and be inclined to pay the

ticket. However, before you pay the ticket it is a good idea to do

some research and get legal advice. You would be surprised to

know how many times charges have been dropped or dismissed

based on factors other than being guilty or not. One thing is for

sure, you do not want a conviction registered on your record. In

general, I would not recommend you pay the ticket without having

a clear idea of your options,

Do not despair. Do not panic and understand that you are

presumed innocent until found guilty in a court of law. You should

also be aware that there may be some viable defence to the

charge. Of course, depending on the circumstances, you will have

to make a few decisions on how to deal with your traffic ticket.



The seriousness of the charge and its possible impact on

your driving record and life is perhaps the most important factor

to consider. If, for instance, you are charged with a relatively

minor offence, such as fail to produce an insurance card, or

speeding 15 km/hr over the limit, you may consider paying the

fine and getting it over with. Of course, if you already have a few

minor moving offences recorded on your driving record or you

need a clean record because of your employment, you may want to

consider other options.

In any event, it is always a good idea to get a legal opinion

from a lawyer or paralegal. Many paralegals will give you an initial

free consultation.

Some other more serious charges need more consideration.

Let’s say that you were involved in an accident and were charged

with Carless Driving. You have to review your options and get

enough information to make all the right decisions. A careless

driving conviction may have serious consequences not only on

your ability to drive but in your personal life as well. These more

serious charges should never be taken lightly.

Once again, be reassured that you have many options to

deal with any charge, either minor or more serious, and that you

are not guilty simply because some officer gives you a ticket.

Do not wait. It is very important that you act promptly and

do what you need to do to deal with a traffic ticket as soon as

possible. Remember that you need to make the right decisions at



the right time. Keep in mind that sometimes even minor tickets

may create a big problem for you in the future.

Get legal advice. It is very important that you get legal

advice from a lawyer or paralegal to understand what your options

are. Some paralegals and lawyers will give you an initial free

consultation. It is advisable that before you meet with a lawyer or

paralegal you prepare yourself. Do some research and prepare a

set of questions you would like to ask during your consultation.

(See below)



MAY I REPRESENT MYSELF OR

DO I NEED A LAWYER OR

PARALEGAL?

Should you hire a lawyer or paralegal? Not all the time.

Many times you will be able to deal with a traffic ticket yourself

and save money and aggravation. Whether or not you retain legal

help, you should always make informed decisions. The very first

thing to do is arrange for a free consultation with a couple of

lawyers or paralegals and ask them as many questions as you can

about your case. Yes; I recommend that you consult with more

than just one lawyer or paralegal. It is not advisable to hire

someone on impulse and without “shopping” around. Remember

to exercise due diligence. It is not enough to follow a friend’s

recommendation or be impressed by appearances. Prepare

yourself for a free consultation meeting (see below).



In any case, before you hire someone you must have a clear

understanding of your legal situation and options. Don’t forget

that you may be successful representing yourself. Once you have

spoken with a couple of professionals, it is advisable to take a day

or two before making a decision about whether you need to hire

someone and if so, who you would hire.

Representing yourself. In many cases this is the best way

to deal with a traffic ticket, at least initially. Typical considerations

are: (a) the seriousness of the offence or impact on your ability to

drive; (b) how would a conviction affect your automobile insurance

premiums; (c) how much time do you have to dedicate to

representing yourself; (d) how many people –friends or relatives-

may help you when you can not attend court; (f) how well can you

communicate with other people; are there any language barriers?

Even if you decide or are inclined to represent yourself, you

should seek immediate legal advice. Avoid getting advice from

friends and non-professionals. Remember, many paralegals will

offer you a free consultation without any commitments. This is

very important simply because you may get valuable information

from professionals with real expertise and hands-on experience. I

would suggest that you interview at least two experienced

professionals, lawyers or paralegals or both.

An informed decision. Dealing with a traffic ticket is often

surprisingly simple. Getting the right information is also not



difficult. You need to know and have a clear understanding of the

charge(s) you are facing, what your options are and what the

essential elements of the offence(s) are. You also need to

understand the process you are involved in

On the ticket or summons, there should be a general

description of the offence and the statute, in this case the Highway

Traffic Act, and section number corresponding to the charge. This

will allow you to read the legal description of the offence. Do not

be intimidated by the “legal lingo”. Most sections of the Highway

Traffic Act are easy to understand. Some, however, may be a little

“tricky”, but a lawyer or paralegal should be able to properly

explain the offence in plain English. You may also ask what the

higher courts have decided when dealing with your specific charge

and what case law is pertinent to your charge.

You also need to have a good understanding of the legal

process. Once again, do not feel discouraged or intimidated by

this. In fact, the mechanics of a traffic ticket are quite simple. You

do not need to memorize particulars of the law. What is important

is to familiarize yourself with the necessary steps and the options

you have along the way.



WHAT CAN I DO

BEFORE I HIRE

A LEGAL REPRESENTATIVE?

If you have decided to dispute a traffic ticket and have the

time and inclination, there are a number of things you can do

yourself at the beginning of the process and save some money

before you decide whether or not to hire a legal representative.

These are simple and necessary steps for which you do not require

any particular skill or experience.

If you get an offence notice, you need to file a Notice of

Intention to Appear (NIA) with the court office. On the back of

the ticket you will find a trial option. Some jurisdictions require

that you or an agent file the NIA in person. If that is the case, you

or a friend may attend at the court office during business hours at

the address indicated on the back of the ticket and file the



completed NIA. The court office clerk will provide you with the

proper form, which is easy to complete. If you wish, you can also

ask for an Early Resolution Meeting with the prosecutor.

In some jurisdictions you may file the NIA by completing the

trial option on the back of the ticket and sending it by mail. It is

always a good idea to make a photocopy of all court documents

for your records. You may also send the completed portion of the

ticket, including front and back, by fax with a cover letter

indicating that the original will follow by mail. Remember that you

must send the original to the court office. It is a good idea to send

it by registered mail or other similar service that will provide you

with a tracking number and confirmation of delivery. It is not

necessary to request the recipient’s signature. If you wish, you

may enclose an informal letter or note requesting a resolution

meeting.

Some time after you file your NIA, you will receive a Notice

of Trial by mail and, sometimes, a date to attend at the

prosecutor’s office for a resolution meeting if you choose.

If you have requested a resolution meeting and you have a

scheduling conflict with the date that has been provided to you for

the meeting, you may write a letter to the court office requesting a

change of the resolution meeting date. Once you have agreed on

the date, you MUST attend to the resolution meeting or the

prosecutor may ask the court to find you guilty in your absence.

This is often referred to as being found guilty “in absentia”.



The prosecutor generally does not provide you with

Disclosure before a resolution meeting, but it is advisable that you

request it anyways so you may get it at the meeting with the

prosecutor. (See below)

At the resolution meeting, if applicable, you may be offered

to plead guilty to a lesser but related offence based on the police

officers’ notes, the evidence against you and your driving record. If

you were charged with more than one offence, (two or more

tickets), the prosecutor may agree to withdraw one or more of the

tickets if you plead guilty to at least one of the charges. Although

a resolution meeting is off the record, informal and confidential,

you do not have to disclose any information respecting the charge

to the prosecutor. In fact, it is advisable that you do not. This is

not the time to make your case or explain why you committed the

alleged offence. There is no obligation for you to accept what the

prosecutor is offering you. Sometimes it is obvious that accepting

the offered resolution is the right decision. For instance, if you

were charged with speeding between 16 and 29 k/h over the limit

and the prosecutor offers you a guilty plea to an amended charge

of speeding 15 k/h or less over the speed limit, you may consider

this a very good result. However, if you are facing a more serious

charge and the resolution offered is to plead guilty to a lesser but

still serious charge, you may decide to reject the offer. For

instance, if you are charged with Carless Driving and the

prosecutor offers you to change the charge to Following too

Closely, you may want to reject the offer. Following too close is a



serious offence and you may decide, after reviewing disclosure,

that you have a good case and decide to go for a trial on the

Careless Driving charge.

Disclosure is the evidence that will be presented against

you at the trial. It may include the officer’s notes, witnesses’

statements, photographs, videos and official documents such as

certificates from the Ministry of Transportation respecting your

driver’s licence and driving record. Once you have requested and

received disclosure, make copies and arrange for free consultation

meetings with a couple of lawyers and or paralegals to discuss

your case and options.



HIRING A LAWYER OR

PARALEGAL

Where do I find a lawyer or paralegal?

You may call the Law Society of Upper Canada and ask for a

solicitor or paralegal in your area that specializes in traffic tickets.

The Law Society also offers a referral service on its website, but be

aware, that this database includes only lawyers and paralegals who

pay to be included in the database. They are not necessarily the

most qualified.

The Law Society also maintains a lawyers and paralegals

directory (see Link below). In this database you can search for a

specific professional or make a more general search by

professional and location. For instance, you may search for

paralegals in Hamilton.

You can also find a paralegal or solicitor on the Internet by

searching for traffic tickets. Be aware that lawyers and paralegals



listed on top are, once again, those who pay for the advertising

and not necessarily the best qualified professionals. Visit their

websites and try learning as much as you can about them. Do not

be impressed or guided by the size of the website. Remember that

making a website is much different from actually fighting a traffic

ticket. Many of them will have information that will be totally

useless to you and virtually all of them are designed to get your

business.

Ask friends if they know of a paralegal or lawyer that deals

with traffic tickets in the area. Take their recommendation with a

grain of salt. Not all cases are the same and your case may be

different form that of your friend. Also, do not be satisfied or

convinced with a statement like: “he took the points away” as if

that was a good result. Remember that you may be able to get the

same result without having to pay a lawyer or paralegal.

How do I choose a lawyer or paralegal?

When you meet with a prospective legal representative

(lawyer or paralegal) you have to pay attention to his or her

demeanour and the type of answers you get. Before hiring a

representative, you need to feel good about her or him and

establish good communication and understanding. You have no

obligation to hire someone who offered you a free consultation.

Unfortunately sometimes the so called free consultation is but a

selling pitch. Do not feel pressured. You need to hear straight



forward answers to all of your questions. Be prepared and ready

to ask the right questions.

If you feel that the prospective representative is giving you

evasive answers, he or she may not be the right professional to

take your case. I always remind people that when they hire a

lawyer or paralegal, they must follow your instructions. In other

words you are the boss. But to be an effective boss, you need to

know at a certain level what to expect and how things are done

properly. An ambiguous or unclear answer will diminish you

ability to maintain control of the process and give informed

instructions. An experienced lawyer or paralegal will know much

more about the subject than you do, however, do not forget that

you are paying for that knowledge. If instead of a clear answer to

your question all you get is a “don’t worry, we will take care of it”,

or “I’ll see what I can do”, you may need to run and look for

someone else. The fact is that you are paying for him or her to

take care of it and you need to know how he or she will do it.

Traffic tickets are not complicated to deal with. “I’ll see what I can

do” is simply not enough. What you want to hears is exactly what

is going to be done, how it is going to be done and what are the

possible outcomes and options available to you.

Let’s say you are charged with a Carless Driving offence.

You need to know what your options are. Do not settle for a

reduction in the demerit points. If that is all your prospective

representative offers you as a solution, you may need to look for

someone else. The fact is that careless driving is one of the most



serious offences within the Highway Traffic Act. It is also often

difficult for the prosecutor to prove that you actually committed

the alleged offence. There is an abundance of case law that will

assist you in deciding whether you have a viable defence to the

allegations against you, which will inform your decision to go for a

trial or enter into a resolution. Many times the right choice is to

go for a trial and get rid of the charge all together. In the case of

R. v. Omerod, I represented a driver charged with careless driving

arising from a collision involving a fatality. Three police officers

and three independent civilians gave testimony for the Crown and

my client gave testimony in her own defence. It was a long and

emotional trial. We were successful in creating a reasonable doubt

through careful direct and cross-examination and the case was

dismissed. The easy way out for your representative would be to

go for resolution. If you have considered your case and decide to

enter into a resolution, you can often achieve that yourself or with

the help of a friend or relative. You do not always need a paid

representative for resolution.

Former and Ex-Police Officers.

There is a common myth and misconception that a former

police officer is by nature better equipped to deal with a traffic

ticket. This is simply not true. As in every profession, in the legal

field, there are good and not so good legal representatives and

this is irrespective of their background as police officers. Since


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2007, all paralegals must be licensed by the Law Society of Upper

Canada to legally practice law in Ontario. They must follow strict

regulations and maintain their knowledge and continuously update

their legal education. If all a legal representative can offer is that

he or she is a former police officer, you may want to look for

someone else with a strong legal background and hands-on

experience in litigation.

Similarly, there are some people who believe that large

companies are better than small or medium size firms. Once

again, there is no real basis for that assumption. I pride myself on

providing my clients with personal service and being accessible

every time they need to communicate with me. I take the extra

time to ensure that my clients feel comfortable with my service and

that they understand what their options and the process. My

practice is geared to service and not to maintain or create a large

corporation. Regardless of the size of the firm or corporation, you

need to be confident that you will get good service and establish a

good business and service relation with your legal representative.

Common question my (smart) clients ask

There are a few questions that some of my more demanding

clients ask and I am glad to answer. They want to know how much

it is going to cost them and how that translates into my hourly fee.

For instance, if all they want is a resolution of their case and they

want me to represent them, I will give them my fee and the



estimated time it is going to take me to resolve the case. From

this information, it is quite easy to calculate my fee. Let’s say you

were charged with speeding 25 k/h over the limit and you have a

relatively clean record. Normally it will take me a total

accumulated time of no more than half an hour to get the

resolution you want. If I charge you $150.00, I will be making

about $300.00 an hour. If someone charges you $250.00, you

would be paying $500.00 an hour. You may want to think about it

before you hire someone. But then again, you may want to hire a

representative for a number of other reasons.

When you hire a legal representative, you do not always get

what you pay for. Some people mistakenly believe that paying a

higher fee will return a better service or result. Unfortunately this

is not always the case with traffic tickets. It is very important that

you fully understand how your legal representative’s fees are

determined. In cases where you could successfully represent

yourself, such as in resolutions procedures, you do not pay for

skill and experience, you just pay for convenience. If you are not

careful, that convenience may result in unnecessary expense.

My clients also ask me to explain their options and what

each course of action entails. They want to know the possible

outcomes and what the good and bad aspects of their case are. It

is not always possible to get a good or accurate assessment of the

case without getting more information. For instance, if you were

charged after you were involved in a collision, before you make a



decision you would like to see the accident report and the police

officer’s notes.

Many times I review with my clients what higher courts have

decided in similar cases and how those cases may or may not help

their situation. Higher courts’ decisions are referred to as case

law. A lower court must follow the appropriate case law when

making its decision or the decision will most likely be overturned

on appeal.

A few of my clients want to know what guarantee they have

they will get the result they want. They often want to know what

the exact probability of winning or losing their cases. It would be

improper for me to speculate about possible results in those terms

even if it is a simple case of a minor alleged offence. What you

need to know is what are the good and bad aspects of your case

and how they may affect the results; how the courts have disposed

of cases similar to yours and what are the usual outcomes. Keep

this in mind that if you need to decide whether or not you will go

for a trial and your prospective representative tells you your case is

a 50-50 situation, you may want to look for a different legal

representative.

Service Agreement or Retainer

When you hire a legal representative you will often sign a

service agreement, some times called a retainer. Be sure to read

and understand the document you are signing. If you have any



doubts, ask your prospective representative to clarify for you

anything you do not fully understand. Pay special attention to the

fees you will pay, what is the extent of the authority you are giving

to your prospective representative and who will act on your behalf.

Do not feel pressured and ask until satisfied with the answers.

You need to know whether you will be paying an hourly fee

or a “block” fee. If it is a block fee, you need to know what exactly

is covered by it. If it is an hourly fee, you need to have an accurate

estimate of the time it will take to complete your case.

Some agreements include a clause authorizing the

representative to plead guilty on your behalf. It is advisable that

you give that authorization in writing only in a clearly specified

situation and not as a general, undefined course of action.

Some agreements also include a clause authorizing the

prospective representative to assign your case to other and

different agents. You need to know when and under what

circumstances your case will be assigned to someone else and you

need to know who that agent will be. If you agree, the retainer

should provide specific and detailed authorization for such

assignment.

Some lawyers and paralegals will take your case knowing

that they will not deal with it. In that case they are acting as a

middle man and your cost will be higher. Moreover, if for

whatever reason, you are not happy with the way your case was

handled, it will be difficult for you to determine who would be

accountable. It is advisable that you meet in person anyone that



will handle your case unless it is for a simple and routine part of

your case such as asking for an adjournment or filing a court

document and other similar steps.



GOING TO COURT

There are different types of hearings held by the court.

Commonly, you may attend court and ask to postpone (adjourn)

your trial date if you know that you will not be available attend on

the date set by the court for any other legal or justifiable reason.

You may attend court to set a date for your trial, to provide

information about the status and progress of your preparation for

trial, progress made in attempting to retain a legal representative,

to make or respond to pre-trial motions and applications and, of

course, for trial.

Generally, courts are very good about providing guidance to

self-represented defendants. This does not mean that they will

give you legal advice. In fact it is inappropriate for the courts to

provide any legal advice. However as part of their duty, judges

and justices of the peace must ensure that you have a fair trial and

that you understand the process and your options and

consequences.

It would perfectly reasonable for you to ask the court to

explain to you how a particular proceeding is conducted. Asking



what you should do is not a question a justice of the peace would

normally answer.

Court Setting ~ The Players and Their Role.

The Justice of the Peace. Is the person who will hear your

case and make a decision on whether you are or not guilty of the

offence charged. Justices of the peace are appointed from

distinguished members of the community. They are not

necessarily lawyers and may come from different backgrounds.

They are independent and impartial judicial officers and have

control over what goes on in the courtroom. They are the highest

authority in the courtroom and their mandate is to conduct trials in

a fair and unbiased manner.

The Prosecutor. Is the person who presents the accusatory

evidence against you in court in order to prove beyond a

reasonable doubt that you did in fact commit the alleged offence.

Prior to trial, the prosecutor will also ensure that you are provided

with the disclosure, decide whether to offer you a resolution or to

proceed with the case against you based on her or his professional

judgment and obligations.

The Court Clerk. Is the person sitting in front of and below

the justice of the peace and assists him or her with court files,

arraignments and other record keeping duties.



The Court Reporter. Is the person sitting next to the court

clerk and is in charge of recording and transcribing everything said

in court during the proceedings.

Witnesses. Are the individuals that give evidence under

oath or affirmation to the court respecting facts relevant to the

alleged offence from their direct knowledge. Police officers are

usually witnesses for the prosecution.

Court Etiquette. It is important that you dress

appropriately when going to court. Work clothing and uniforms

are allowed as well as informal clothing. It is not necessary that

you wear a suit or formal dress.

When talking to the justice of the peace you should do it

with respect and without interrupting him or her. You may

address the justice of the peace as ‘Your worship” or Sir or

Madam. Similarly, do not interrupt the prosecutor when he or she

is talking to the justice of the peace or a witness. Always be polite

and conduct yourself with respect and decorum.

If you have a question or are not sure about a particular

proceeding, you may ask the justice of the peace to clarify or

explain the process as soon as possible. If you have an

impediment to proceed with a trial, let the justice of the peace

know immediately. For instance, if one of you witnesses could not

make it that day or you are waiting for a document that you would



like to use as evidence in your trial, let the justice of the peace

know.

If you are represented by a lawyer or paralegal, let him or

her do all the talking for you. Do not talk over him or her and do

not interrupt the proceeding. If you need to bring something to

the attention of your representative, do it discretely and when he

or she gives you an opportunity.



GOING TO TRIAL

Disclosure and the Evidence Against You

You may ask for and are entitled to know in advance all the

relevant evidence in your case, whether that evidence is harmful or

helpful to your case. The evidence could be the testimony of the

officer and sometimes also that of other witnesses. In some cases

official documents may also be entered into evidence. With

Disclosure you will receive the officer’s notes and any statements

given to the officer(s) by other witnesses. It is important that you

review the disclosure with a couple of experienced lawyers and or

paralegals. An experienced legal representative will be able to

review the disclosure with you and explain the strengths and

weaknesses of your case.

In general, I would not recommend that anyone go to a trial

unrepresented. Traffic courts trials are not especially complicated

but, as in any other professional fields, there are a number of

aspects, terminology and legal concepts you need to know and

understand to be successful in a trial. Having said that, I have

seen some people successfully representing themselves and

winning their cases.



If you decide to go for a trial, there are a few things you

should know and once again I do recommend that you get legal

advice before you make any decisions about your traffic ticket. In

a trial the prosecutor must establish your guilt beyond a

reasonable doubt before you may be convicted, which means that

the evidence presented to the court must be clear, reasonable and

convincing. If there is a reasonable and clear possibility that you

might have not committed the offence, the court must find you not

guilty. You do not have to demonstrate or prove to the court that

you did not commit the offence. All that you have to do –

represented or unrepresented– is to establish a reasonable doubt.

Now, this is not always easy.

There are many terms, concepts and proceedings that may

be difficult to comprehend and apply in a trial situation. Even

experienced representatives and justices of the peace sometimes –

not very often– have some difficulties fully understanding some of

the legal concepts, principles and aspects that play a significant

role in a trial. Sometimes, cases are very simple.

I once saw a defendant charged with holding or using a cell

phone while driving. She brought and presented as evidence a

record of her calls from the telephone company for the day on

which she was charged. The record showed that during the time

of the alleged offence there were no calls made from or received

by her telephone. She also stated under oath that she did not have

any other telephone and that her telephone was the only one she

had in her car the day of the alleged offence. She won the case



and the charges were dismissed. This is not, however, a typical

outcome and since then new decisions have been made by higher

courts.

Sometimes in a trial it is not necessary for you or your

witnesses, if any, to give evidence contesting the evidence

provided by the prosecutor for the charges to be dismissed. If you

elect to provide evidence to the court, the evidence must be clear

and credible. Any contradictions, inconsistencies or adverse

circumstances may impeach your credibility. It is not that you or

any of your witnesses would lie in court. Sometimes, your

witnesses or you were not in a position to have seen or noticed

something relevant to your defence. For instance, you may give

evidence to the effect that you were not speeding, but if you do

not indicate that you were constantly observing the car’s

speedometer or another reliable speed measuring instrument, your

evidence would not be reliable and will not assist you in raising a

reasonable doubt about whether you were speeding. In other

words, knowledge and experience with the rules of evidence and

how courts are likely to view the evidence, skilful cross

examination and knowledge of the substantive law are all essential

to properly defending a charge in court.



THE CHARTER OF RIGHTS

AND YOU

Traffic tickets are quasi-criminal offences and are subject to

the same evidentiary and procedural principles applied to criminal

matters with the appropriate and necessary modifications. You

have the full protection of the Canadian Charter of Rights and

Freedoms. If you feel that any of your Charter rights have been or

will be violated, you may apply to the court for an appropriate

Charter remedy. For instance, if too much time has elapsed

between the date of the alleged offence and the trial date, you may

make what is called an 11 (b) Charter Application, asking the court

to stay the proceedings against you, meaning that, if your

application is granted, the prosecutor may no longer continue with

your case.



OTHER SOURCES

OF INFORMATION

Look for sources of information on the Internet, bookstores

and libraries. There are many government websites with a wealth

of information. Many lawyers and paralegals provide some

valuable information on their websites. However, be selective and

do not believe everything you read on the Internet. Check what

you have learned with an experience professional when you attend

free consultation meetings.

Keep in mind that in many cases you may initially represent

yourself and later hire an experienced representative to take your

case. This also applies to serious charges. There are a number of

steps you can take before you hire someone. This way, you save

money and gain control over the process.

I have seen cases where the prosecutor withdraws or drops

a charge on his or her own initiative early in the process for

various reasons. I have also seen people paying a lawyer or

paralegal to represent them in court and the charges have been



withdrawn by the prosecutor without any meaningful actions by

the lawyer or paralegal. In those cases the charges were going to

be withdrawn anyways with or without a lawyer or paralegal and

you just wasted money.



Useful

Internet Links

IMPORTANT References and Internet links are provided for

informational purposes only and do not constitute endorsement of

any websites or other sources. The author is not responsible for

any of the linked websites’ contents or interface. Readers should

be aware that the websites listed in this book may change.

PROFESSIONAL ASSOCIATIONS

Law Society of Upper Canada, .................................. Website

o Lawyer & Paralegal ................................................. Directory Paralegal Society of Ontario ..................................... Website Licensed Paralegals Association ............................. Website

COURTS

Ontario Court of Justice .......................................... Provincial

o Provincial Offences Courts .................................... Locations

Court of Appeal for Ontario ..................................... Website

o Decisions ............................................................... RE. HTA o Decisions ............................................................... RE. POA o Decisions ............................................................... RE. HAT & POA

Supreme Court of Canada ....................................... Website

o Supreme Court of Canada .................................... Decisions

STATUTES

Highway Traffic Act (HTA) ....................................... Act

o Highway Traffic Act ............................................... Set Fines o Demerit Point System............................................ Regulation o Understanding Demerit Points .............................. What are Demerit Points o Demerit Points Table ............................................. Offences and Points Table


http://www.lsuc.on.ca/

http://www.lsuc.on.ca/

http://www2.lsuc.on.ca/LawyerParalegalDirectory/loadSearchPage.do

http://paralegalsociety.on.ca/cpages/homepage

http://licensedparalegalsassociation.com/

http://www.ontariocourts.ca/ocj/provincial-offences/overview/

http://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/poa/

http://www.ontariocourts.ca/coa/en/

http://www.ontariocourts.ca/decisions/search/en/search.php?refine=1&query=highway+traffic+act&type=phrase&category=-1&results=20&search=1

http://www.ontariocourts.ca/decisions/search/en/search.php?refine=1&query=provincial+offences+act&type=phrase&category=-1&results=20&search=1

http://www.ontariocourts.ca/decisions/search/en/search.php?refine=1&query=poa+hta&type=and&category=-1&results=20&search=1

http://www.scc-csc.gc.ca/home-accueil/index-eng.aspx

http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/en/nav.do

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm

http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-43/

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_940339_e.htm

http://www.ontario.ca/driving-and-roads/understanding-demerit-points

http://www.mto.gov.on.ca/english/dandv/driver/handbook/section4.7.0.shtml


HTA OFFENCES

Only offences with Demerit Points are included on this list

7 Demerit points

200. Fail to remain at the scene of an accident 216. Fail to stop vehicle when requested by police officer 6 Demerit Points

128. Speeding 50 k/h or more over the speed limit; 130. Careless driving; 172. Racing, stunts, etc., prohibited; 175. (11) & (12) Fail to stop for school bus; 5 Demerit Points

174. (1) & (2) Bus driver fail to stop at railway crossings 4 Demerit Points

128. Speeding 30 km/h or more and less than 50 km/h over the limit; 158. Following to closely. 3 Demerit Points

79. Motor vehicle equipped with or carrying a speed measuring warning device. 128. Speeding more than 15 km/h and less than 30 km/h over the limit 135. (2) & (3) Fail to yield right of way. 134. (1) Failing to obey directions by police officer 134. (3) Driving or operating a vehicle on a closed highway 136. Fail to stop at a Stop Sign 138. (1) Fail to yield right of way at a right-of-way sign; 139. (1) Fail to yield right of way on entering highway from private road 140. (1), (2) & (3) Fail to yield right of way to pedestrian; 141. (5) Improper turn 142.1 Fail to yield to bus from bus bay 144. (7) (8) & (21) Fail to obey traffic control signal; 146. Fail to obey portable signal or light; 146.1 (3) Failing to obey traffic control stop sign 146.1 (4) Failing to obey traffic control slow sign 148. (8) Improper overtaking or passing. 149. Driving to left of centre line 150. Improper passing to right of vehicle 153. Wrong way in one way street or highway 154. Improper driving where highway divided into lanes.


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154.1 (3) Improper use of high occupancy vehicle lane. 156. Wrong way on divided highways - Improper crossing. 159. Fail to slow down, stop for, or following emergency vehicles. 162. Crowding driver’s seat 163. Fail to obey railway crossing signal; 164. Driving through, around or under railway crossing barrier; 166. Improper passing of street car; 176. (3) Failing to obey traffic control slow sign. 199. Fail to report accident; 2 Demerit Points

106. Seat belts. 132. Unnecessary slow driving 141. (2) and (3) Improper right turn . 141. (6) and (7) Improper left turn. 142. (1) (2) & (8) Unsafe turn, fail to signal; 143. U-turns prohibited 144. (9) Disobey sign. 148. (1), (2), (4), (5), (6) and (7) Failing to share road. 157. Prohibited backing when speed limit is over 80 km/h. 160. Towing of persons on bicycles, toboggans, etc. 165. Improper opening of vehicle door. 168. Fail to lower headlamp beam. 182. (2) Fail to obey signs prescribed by regulation.

Frequently Consulted HTA Regulations

o Races, contests and stunts (s.172) .............................. O. Reg. 455/07 o Demerit point system ................................................... O. Reg. 339/94 o High occupancy vehicle lanes ...................................... O. Reg. 620/05 o Drivers' licences ........................................................... O. Reg. 340/94 o Seat belt assemblies .................................................... R.R.O. 1990, Reg. 613 o Signs ............................................................................ R.R.O. 1990, Reg. 615 o Speed limits ................................................................. R.R.O. 1990, Reg. 619 o Vehicle permits ............................................................ R.R.O. 1990, Reg. 628 o Driver licence examinations ......................................... O. Reg. 341/94

Other HTA Regulations

o Accessible parking for persons with disabilities ........... R.R.O. 1990, Reg. 581 o Accessible vehicles ...................................................... R.R.O. 1990, Reg. 629 o Administrative monetary penalties ............................... O. Reg. 273/07 o Border approach lanes................................................. O. Reg. 94/06 o Carriage of goods ........................................................ O. Reg. 643/05 o Classification of vehicles as irreparable,







































salvage and rebuilt................................................ O. Reg. 376/02 o Commercial motor vehicle inspections......................... O. Reg. 199/07 o Commercial motor vehicle operators'

information ............................................................ O. Reg. 424/97 o Community safety zones .............................................. O. Reg. 510/99 o Conduct review programs ............................................ O. Reg. 287/08 o Covering of loads ......................................................... R.R.O. 1990, Reg. 577 o Critical defects of commercial motor vehicles .............. O. Reg. 512/97 o Definitions and requirements under section

142.1 of the act (yielding right of way to buses) .... O. Reg. 393/02 o Designation of bus by-pass shoulders on king's

highway ................................................................ O. Reg. 618/05 o Designation of highways .............................................. R.R.O. 1990, Reg. 579 o Display screens and hand-held devices....................... O. Reg. 366/09 o Equipment .................................................................... R.R.O. 1990, Reg. 587 o Garage licences ........................................................... R.R.O. 1990, Reg. 595 o General ........................................................................ R.R.O. 1990, Reg. 596 o Gross weight on bridges .............................................. R.R.O. 1990, Reg. 598 o Highway closings ......................................................... R.R.O. 1990, Reg. 599 o Hours of service ........................................................... O. Reg. 555/06 o Ignition interlock devices .............................................. O. Reg. 251/02 o International registration plan ....................................... O. Reg. 11/04 o Lamps - use of flashing red or green lights .................. O. Reg. 484/07 o Licences for driving instructors and driving schools ..... O. Reg. 473/07 o Local municipalities where 80 kilometres per hour

speed limit applies ................................................ O. Reg. 8/03 o Long-term vehicle impoundment under

section 55.1 of the act ........................................... O. Reg. 631/98 o Motor vehicle inspection stations ................................. R.R.O. 1990, Reg. 601 o Operation of off-road vehicles on highways ................. O. Reg. 316/03 o Over-dimensional farm vehicles ................................... R.R.O. 1990, Reg. 603 o Parking ......................................................................... R.R.O. 1990, Reg. 604 o Parking of vehicles in territory without municipal

organization .......................................................... R.R.O. 1990, Reg. 605 o Photo-radar system - part xiv.1 of the highway

traffic act ............................................................... O. Reg. 500/94 o Pilot project - segways ................................................. O. Reg. 488/06 o Pilot projects - low-speed vehicles ............................... O. Reg. 449/06 o Portable lane control signal systems ........................... R.R.O. 1990, Reg. 606 o Power-assisted bicycles ............................................... O. Reg. 369/09 o Pre-empting traffic control signal devices .................... O. Reg. 34/06 o Reciprocal suspension of driver's licence .................... O. Reg. 37/93 o Reciprocal suspension of licences ............................... R.R.O. 1990, Reg. 607 o Red light camera system evidence .............................. O. Reg. 277/99 o Reporting to the registrar: administrative

Suspension of drivers' licences ............................. O. Reg. 407/08 o Restricted use of left lanes by commercial o motor vehicles .............................................................. R.R.O. 1990, Reg. 608










































o Restricted use of the king's highway ............................ R.R.O. 1990, Reg. 609 o Safety helmets ............................................................. R.R.O. 1990, Reg. 610 o Safety inspections ........................................................ R.R.O. 1990, Reg. 611 o School bus offence - service of offence notice

on vehicle owner ................................................... O. Reg. 468/05 o School buses ............................................................... R.R.O. 1990, Reg. 612 o Security of loads .......................................................... O. Reg. 363/04 o Short-term vehicle impoundment under section

55.2 of the act ....................................................... O. Reg. 415/10 o Slow moving vehicle sign ............................................. R.R.O. 1990, Reg. 616 o Special permits ............................................................ O. Reg. 381/98 o Specifications and standards for trailer couplings ........ R.R.O. 1990, Reg. 618 o Speed limits ................................................................. R.R.O. 1990, Reg. 619 o Speed limits in provincial parks .................................... R.R.O. 1990, Reg. 620 o Speed limits in territory without municipal

organization .......................................................... R.R.O. 1990, Reg. 621 o Standards to determine allowable gross vehicle

weight for bridges ................................................. O. Reg. 103/97 o Stop signs at intersections ........................................... R.R.O. 1990, Reg. 623 o Stop signs in territory without municipal organization .. R.R.O. 1990, Reg. 624 o Stopping of vehicles on parts of the king's highway ..... R.R.O. 1990, Reg. 622 o Testing, repair and compliance requirements

for unsafe vehicles under section 82 of the act ..... O. Reg. 381/02 Tire standards and specifications ......................... R.R.O. 1990, Reg. 625

o Toll devices .................................................................. O. Reg. 147/97 o Traffic control signal systems ....................................... R.R.O. 1990, Reg. 626 o Use of controlled-access highways by pedestrians ..... R.R.O. 1990, Reg. 627 o Used vehicle information package ............................... O. Reg. 601/93 o Vehicle weights and dimensions - for safe, productive

and infrastructure-friendly vehicles ....................... O. Reg. 413/05 o Vehicles on controlled-access highways...................... R.R.O. 1990, Reg. 630 o Yield right-of-way signs in territory without

municipal organization .......................................... R.R.O. 1990, Reg. 631

Highway Traffic Act 2013 Amendments Bills

o .............................................................................. Bill 34 An Act to amend the Highway Traffic Act in respect of permit denials and out-of-province service and evidence in certain proceedings and to make a consequential amendment to the Provincial Offences Act

Provincial Offences Act (POA) ................................ Act

o Deemed not to dispute the charge ...................... s.9 o Reopening .......................................................... s.11

POA Regulations

o Costs ..................................................................... R.R.O. 1990, Reg. 945 o Electronic documents and remote

meetings ........................................................ O. Reg. 67/12




























http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&Intranet=&BillID=2752

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o Extensions of prescribed times ............................. R.R.O. 1990, Reg. 946 o Fee for late payment of fines ................................. O. Reg. 679/92 o Fine option program .............................................. R.R.O. 1990, Reg. 948 o Forms .................................................................... O. Reg. 108/11 o Proceedings commenced by

certificate of offence ....................................... R.R.O. 1990, Reg. 950 o Victim fine surcharges ........................................... O. Reg. 161/00

Compulsory Automobile Insurance Act (CAIA) ............................................................ Act

CAIA Regulations

o Administrative penalties O. Reg. 409/12 o Automobile insurance reporting o information O. Reg. 239/10 o Exemptions R.R.O. 1990, Reg. 95

Insurance Act (IA) .................................................... Act

IA Regulations

o Automobile insurance ............................................ R.R.O. 1990, Reg. 664 o Court proceedings for automobile

Accidents that occur on or after November 1, 1996.......................................... O. Reg. 461/96

o Fault determination rules ....................................... R.R.O. 1990, Reg. 668 o Statutory accident benefits schedule

effective September 1, 2010 ......................... O. Reg. 34/10 o Statutory conditions - automobile insurance .......... O. Reg. 777/93 o Uninsured automobile coverage ............................ R.R.O. 1990, Reg. 676

Court of Justice Act (CJA) ...................................... Act

CJA Regulations

o Rules of the court of appeal in appeals under the provincial offences act ................... O. Reg. 721/94

o Rules of the Ontario court (provincial division) in provincial offences proceedings ................................................... R.R.O. 1990, Reg. 200

o Rules of the Ontario court (general division) and the Ontario court (provincial division) in appeals under section 116 of the provincial offences act .................................... O. Reg. 723/94

o Rules of the Ontario court (provincial division) in appeals under section 135 of the provincial offences act ................... O. Reg. 722/94

o Bilingual proceedings ............................................ O. Reg. 53/01 o Designation of regions........................................... R.R.O. 1990, Reg. 186

Justices of the Peace Act ........................................ Act

o Justices of the Peace ............................................ Directory








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http://www.ontariocourts.ca/ocj/ocj/judges-of-the-court/justices-of-the-peace/


o Justices of the Peace ............................................ Role o Justices of the Peace Judicial

Conduct/Complaints ....................................... Review Counsel

Canadian Charter of Rights and Freedoms ......................................................... Charter

o Charter Decisions Digest....................................... Digest o Charter Guide ....................................................... Guide

CASE LAW

CanLII Court Decisions/Case Law .............. Database

o Driving Under Suspension o Stunt Driving o Failing to remain at scene of accident o Careless Driving o Following too Closely o Speeding o Stop Sign o Red Light o Amber (yellow) Light o Hand Held Devices, Cell Phone

MINISTRIES & GOVERNMENT

Ministry of Transportation .................................. Website

o Ministry of Transportation ................................. FAQ o Ministry of Transportation ................................. Driver’s Handbook o Ministry of Transportation ................................. Publications

Ministry of the Attorney General ....................... Tickets and Fines

o Ministry of the Attorney General ....................... Glossary of Legal Terms o Ministry of the Attorney General ....................... Crown Policy Manual 2005 o Ministry of the Attorney General ....................... Unrepresented Accused

Financial Services Commission of Ontario ...................................................... Website

o Automobile Insurance....................................... For Consumers o Understanding Automobile Insurance .............. Webpage o Understanding Rates / An Interactive Tool ....... Calculator

Legal Aid Ontario ................................................ Website

o Publication and Resources ............................... P&R o Getting Legal Aid .............................................. Webpage


http://www.ontariocourts.ca/ocj/jpaac/role/

http://www.ontariocourts.ca/ocj/jprc/

http://laws-lois.justice.gc.ca/eng/const/page-15.html

http://www.canlii.org/en/commentary/charterDigest/

http://www.pch.gc.ca/eng/1356631760121/1356631904950

https://www.canlii.org/en/on/

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20Driving%20under%20suspension

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20stunt%20driving

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20Fail%20to%20remain%20accident

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20careless%20driving

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20158%20Following%20too%20closely

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20128%20speeding

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20136%20stop%20sign

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20144%20red%20light

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20144%20%09Amber%20Light

https://www.canlii.org/en/search/search.do?type=decision&jId=on&all=hta%20o%09Hand%20Held%20Devices%2C%20Cell%20Phone

http://www.mto.gov.on.ca/english/

http://www.mto.gov.on.ca/english/faq/

http://www.mto.gov.on.ca/english/dandv/driver/handbook/http:/www.mto.gov.on.ca/english/dandv/driver/handbook/http:/www.mto.gov.on.ca/english/dandv/driver/handbook/section4.7.0.shtml

http://www.mto.gov.on.ca/english/pubs/index.shtml

http://www.attorneygeneral.jus.gov.on.ca/english/justice-ont/tickets_and_fines.asp

http://www.attorneygeneral.jus.gov.on.ca/english/glossary/

http://www.attorneygeneral.jus.gov.on.ca/english/crim/cpm/default.asp

http://www.attorneygeneral.jus.gov.on.ca/english/about/pubs/lesage_code/chapter_7.asp

http://www.fsco.gov.on.ca/en/Pages/default.aspx

http://www.fsco.gov.on.ca/en/auto/Pages/default.aspx

http://www.fsco.gov.on.ca/en/auto/brochures/Pages/brochure_autoins.aspx

http://www5.fsco.gov.on.ca/autorate/

http://www.legalaid.on.ca/en/

http://www.legalaid.on.ca/en/publications/default.asp

http://www.legalaid.on.ca/en/getting/default.asp


FINAL WORDS

Finally, whether you represent yourself or hire a legal

representative, enter into a resolution, pay the ticket or go for a

trial, I suggest that you learn as much as you can to efficiently and

effectively deal with your traffic ticket. It is important that you get

a legal opinion and advice based on the unique facts of your case.

Knowledge of the process and substantive law pertinent to your

charge will be essential whether you decide to represent yourself

or retain a representative. Knowledge of the court process and

specific law relating to your charge will enable you to give

informed and effective instructions to your representative, to

evaluate your representative’s performance during the entire

process and to make informed decisions about how to deal with

your charge.

I hope this basic guide helped you to better understand the

process of dealing with traffic tickets.

CRISTIAN A. BIRON



DISCLAIMER

This publication is intended to provide general information about the subject

matter covered. It is not meant to provide legal opinions, offer legal advice, or

serve as a substitute for advice by Ontario licensed, legal professionals.

This eBook is sold with the understanding that the author and the publishing

company are not engaged in rendering legal or other professional services. Do

not, under any circumstances, rely on information in this publication as legal

advice. Purchasing, reading or using the information provided in this publication

does not create a lawyer/paralegal-client, advisory, or fiduciary, relationship.

The author and the publishing company do not warrant that the information in

this eBook is complete or accurate, and do not assume, and hereby disclaim, any

liability to any person for any loss or damage caused by errors, inaccuracies or

omissions, or usage of this publication.

Laws and interpretations of those laws change frequently and the subject matter

of this publication may have important legal consequences. If not understood, an

Ontario licensed professional should be consulted. All risk of loss or damage is

solely that of the reader and user of this eBook and the author disclaims any

liability thereof.

References and Internet links are provided for informational purposes only and do

not constitute endorsement of any websites or other sources. Readers should be

aware that the websites listed in this book may change.

COPYRIGHT

This publication is copyright 2013-2015 Cristian Biron and may not be

reproduced or distributed in any form for commercial or non- commercial

purposes without his express written consent.


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