Traffic Tickets - Frequently Asked Questions

How do I know if my traffic ticket has any demerit points? Answer >

How long are demerit points kept on my driving record? Answer >

Does my insurance company automatically get a copy of the traffic ticket? Answer >

How does a traffic ticket affect my insurance? Answer >

Can I explain what happened to the Judge and get the traffic ticket canceled. Answer >

How can I fight my traffic ticket? Answer >

What mistakes on a traffic ticket will get it canceled? Answer >

The officer wrote that I violated the HTA, what does "HTA" mean? Answer >

How do I know if there are any mistakes on the ticket? Answer >

Q. How do I know if my ticket has demerit points?

A. In writing the ticket the officer does not put on the traffic ticket how many demerit points you received for the offence. The demerit points are added by the Ontario Ministry of Transportation. You can check at www.demerit-points.com for a complete list of demerit points.

Q. How long are demerit points kept on my driving record?

A. Demerit points are added to your driving record by the Ministry of Transportation for two years starting from the day you received the ticket. The demerit points do not however appear on the record until after a conviction or court date. Depending upon your class of driver's licence, after accumulating six, nine or fifteen demerit points the Ministry of Transportation can suspend your driver's licence for thirty days to six months.

Q. Does my insurance company automatically get a copy of the ticket?

A. No, if the insurance company wants to see if you have received any traffic tickets they have to apply to the Ministry of Transportation for a copy of your driving record. Any one can get a copy of anyone's driving record by providing a drivers licence number and paying the Ministry.

Q. How does a ticket affect my insurance?

A. Insurance companies look at what is the risk of the driver being involved in a collision or claim. The way they measure this is by the driving record. The insurance perceives that if the driver is one who is receiving traffic tickets then the chance of that driver being involved in a collision or claim is higher. The more tickets you receive the higher the risk and therefore the higher the premium.

Q. Can I explain what happened to the Judge and get the ticket canceled.

A. The Justice of the Peace will listen to your explanation, but giving an explanation is not a defense to the charge and the Justice cannot drop your ticket. All the Justice of the Peace is allowed to do is reduce the amount of the fine. The Justice of the Peace, cannot drop the demerit points or stop the conviction from going to your insurance company

Q. How can I fight my traffic ticket?

A. You can always try to fight your ticket yourself, but unless you know about legal motions, how to conduct a trial, and what fatal errors like "filing dates" are it's unwise to do so, and you risk being convicted. As a traffic ticket and its penalties can affect your insurance rates and ability to drive it's smart to make a call to OTT Legal Services and get informed legal advice.

Q.What mistakes on a traffic ticket will get it canceled?

Minor mistakes are forgiveable or fixable at court by the prosecutor by making a motion to the Justice of the Peace, a mistake like the year of your car or the wrong licence plate are not mistakes that will get the ticket canceled. A mistake like the officer not puting their name on the top of the ticket, or the wrong date are mistakes that will get the ticket canceled.

A. At traffic court the officer is going to have a trained prosecutor to assist them in registering a conviction, many prosecutors are lawyers! Unless you have the training and knowledge most people are not qualified to represent themselves against a provincial prosecutor or lawyer and risk being convicted.

Q. The officer wrote that I violated the HTA, what does "HTA" mean?

A. HTA, means Highway Traffic Act of Ontario

Q. How do I know if there are any mistakes on the ticket?

A. Unless you have the training and experience to know what to look for most people will not notice many of the major and minor mistakes that OTT Legal Services see that could win your case. If you go to court it's unlikely that the police or prosecution will point out a mistake to you and drop the charge. Most minor mistakes are amendable by the prosecution, e.g. the year is listed wrong, or the time is off. Mistakes have to be mistakes know as "fatal errors".

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