Traffic Ticket - Canada

Canada

In Canada, traffic laws are made at the provincial level. Some serious violations are considered criminal (such as Drinking and Driving) and are located under the Criminal Code of Canada.

Each province maintains a database of motorists, including their convicted traffic violations. Upon being ticketed, a motorist has a chance to plead guilty or not guilty with an explanation. The motorist or their representative must attend the court for the town or city in which the violation took place to do so. Though the back of the ticket states the motorist has up to 15 days to enter their pleas, the courts do not generally convict the accused for up to 45 days depending on the court.

If the motorist pleads not guilty, a trial date is set and both the motorist, or a lawyer/Paralegal representing the motorist, and the ticketing officer, are required to attend. If the officer fails to attend, the court judge will often find in favour of the motorist and dismiss the charge, although sometimes the trial date is moved to give the officer another chance to attend. In some provinces, officers are now paid time and a half to attend traffic proceedings. The court will also make provisions for the officer or the prosecutor to achieve a deal with the motorist, often in the form of a plea bargain. If no agreement is reached, both motorist and officer, or their respective representatives, formally attempt to prove their case before the judge or Justice of Peace, who then decides the matter.

If the motorist pleads guilty, the outcome is equivalent to conviction after trial. Upon conviction, the motorist is generally fined a monetary amount and, for moving violations, is additionally given demerit points, under each province's point system. Jail time is sometimes sought in more serious cases such as Racing or Stunt Driving.

If a motorist is convicted, he must accept the penalties or try to appeal the ruling. An appeal will typically only be granted in cases where there were errors in the law or proceedings.

If a trial date takes more than a reasonable amount of time, and the accused had nothing to delay it, a Charter of Rights violation can be filed and pleaded. The reasonable length of time changes from court to court. In most cases, this is typically 1 year. A Charter of Rights Violation must be filed with the Attorney General of Canada, Ontario and with the courts themselves and then argued on the court date.

Some motorists seek assistance from lawyers who specialize in defending traffic cases. A company has been set up that offers a flat rate service to motorists like cab drivers and truckers who may be subject to many mistaken traffic tickets.