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There are three different types of Speeding Tickets issued in Ontario.
Speeding tickets for speeding less than 50km/h
A Speeding ticket for speeds under fifty kilometres per hour will have a fine written on the ticket and are the most common speeding ticket issued in Ontario. These speeding tickets are called a “Part One Offence Notices” and are issued under Part One of the Ontario Provincial Offences Act.
A speeding ticket for speeding under fifty kilometres per hour will have your information on it, the offence, the date and location and in most cases it will have two fines.
The first fine is called the "set fine" and is the fine for the speeding offence, the higher your speed, the higher the fine. The other price on the speeding ticket is called the "total payable". The total payable is higher than the set fine and is the total cost of the speeding ticket. The Provincial Government adds a "victim fine surcharge", and five dollars for court costs to every traffic ticket and speeding ticket that is issued in Ontario. The victim fine surcharge is a tax placed upon motorists to help pay for the victims of criminal acts.
Speeding tickets with fines are only issued for speeding tickets up to forty nine (49) kilometres over the speed limit, after reaching fifty (50) kilometres per hour the Police officer must issue a summons to the driver, commanding the driver to appear in court before a Justice of the Peace.
Speeding tickets for more that 50km/h - Summons to appear in court
If your caught speeding more than fifty kilometers per hour the officer is obligated to give you a speeding ticket called a summons. The summons for speeding is issued under Part Three of the Ontario Provincial Offences Act commanding you or your agent to appear in court before a Justice of the Peace.
The Police Officer gives the summons for speeding to the driver because the speed recorded was so high that provincial government has decided that there will not be an "out of court settlement" or "set fine" for the ticket. The law requires that person speeding was so fast over the limit that they should be required to appear before a judge to answer to the charge.
Speeding tickets issued by way of a summons have higher penalties than speeding tickets under fifty kilometers per hour. The fine for speeding more that fifty kilometres is approximately twelve dollars per kilometer over the limit. As well the Justice of the Peace may suspend the drivers licence for thirty days.
Speeding Tickets - Summons to appear in court
For any speeding offence, if an officer believes the situation warrants it, the police officer may issue to the driver a summons to appear in court under Part One of the Ontario Provincial Offences Act. The reason the officer would do this is because the officer believes that the defendant should answer to the charge before a Justice of the Peace, or that the police officer would be asking the court and the prosecutor to seek a higher fine than is legislated by the Chief Justice of Ontario.
For more information and to learn how to fight your speeding ticket with a qualified licensed court agent contact OTT Legal Services. We are the experts for speeding ticket defence.
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