Speeding

Charged Legal Services provides the most effective defence representation available. We specialize in Speeding charges, and can provide you with the support, direction and defence you need to achieve the most successful outcome possible.

Speeding Definition in Ontario

Simply put, Speeding is defined as travelling in excess of the speed limit. And that speed limit may be posted or un-posted. Posted speed limits are indicated by a sign, and un-posted speed limits are created by statute and drivers are expected to know which speed limits apply to which geographical area they are traveling in.

The major police forces in Ontario, including Brampton/Mississauga (Peel Region) and Toronto use Laser and Radar speed measuring devices in issuing most Speeding tickets. The highly technical nature of these Speeding trials requires a thorough understanding of the devices used and the corresponding Ontario Speeding precedents. Any Speeding conviction – whether there are Demerit Points involved or not – may affect your insurance premiums.

Speeding Tickets in Ontario

No person shall drive a motor vehicle at a rate of speed greater than,

(a) 50 kilometres per hour on a highway within a local municipality or within a built-up area;

(b) despite clause (a), 80 kilometres per hour on a highway, not within a built-up area, that is within a local municipality that had the status of a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have had the status of a township on January 1, 2003, if the municipality is prescribed by regulation;

(c) 80 kilometres per hour on a highway designated by the Lieutenant Governor in Council as a controlled-access highway under the Public Transportation and Highway Improvement Act, whether or not the highway is within a local municipality or built-up area;

(d) the rate of speed prescribed for motor vehicles on a highway in accordance with subsection (2), (5), (6), (6.1) or (7);

(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1); or

(f) the maximum rate of speed posted on a highway or portion of a highway pursuant to section 128.0.1. 2005, c. 26, Sched. A, s. 17 (1); 2006, c. 11, Sched. B, s. 6 (2); 2006, c. 32, Sched. D, s. 4 (1).

Speeding Defences and Classification in Ontario

Speeding is an Absolute Liability Offence in accordance with the Supreme Court of Canada’s classification of regulatory offences in R. v. Sault Ste. Marie. The Absolute Liability nature of Speeding severely restricts the defences that are open to the driver to advance when contesting a Speeding ticket in Ontario. For example, it is not a defence to Speeding in Ontario that you were Speeding because your speedometer was broken. Further, any other mistake of fact will not be accepted as a defence to the charge. Misreading the posted speed limit; not realizing your vehicle picked up speed going down hill or confusing the miles-per-hour indication on your speedometer with kilometres-per-hour are all examples of mistakes of fact that are not in Ontario to the defendant when fighting a Speeding ticket in Ontario.

Speeding Demerit Points in Ontario

6 demerit points will be added if you are convicted of:
Exceeding the speed limit by 50 km/hour or more

4 demerit points will be added if you are convicted of:
Exceeding the speed limit by 30 to 49 km/hour

3 demerit points will be added if you are convicted of:
Exceeding the speed limit by 16 to 29 km/hour

Speeding Penalties in Ontario

Penalty

(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (7).

Penalty for speeding in construction zones

(14.1) Every person who contravenes this section in a construction zone designated under subsection (8) or (8.1) when there is a worker in the construction zone is liable on conviction, not to the fines set out in subsection (14), but, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the posted speed limit, to a fine of double the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (8).

Suspension of licence on conviction

(15) Subject to subsection 207 (7), where a court has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, the court may,

(a) suspend the driver’s licence of the person for a period of not more than 30 days;

(b) upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days;

(c) upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year. 2005, c. 26, Sched. A, s. 17 (9).