Traffic Court in Ontario

Getting a traffic ticket is frustrating. Even if the fine seems fairly small the impact on your insurance costs can be significant. What's more, if you have a defence to the charge why shouldn't you go an fight?

If you want a trial you must request one. The back of the ticket explains how to do so.

Almost all traffic offences fall under the Ontario Highway Traffic Act. They are not criminal offences and while they will impact on your driving record they will not result in a criminal record.

The judge in traffic court is normally a Justice of the Peace. She or he will wear a black robe with a green sash. You refer to them as "Your Worship".

It makes sense to get to court on the day for trial early so you can talk to the prosecutor. The prosecutor may offer you some type of plea agreement which could lead to a guilty plea for some offence with a lower fine or lesser demerit points.

If you accept a plea agreement you will have to plead guilty. The Justice will then ask if you have any submissions as to the fine. If you need time to pay or want a lower fine you'll have to give reasons. Common reasons might be that you are recently out of work, or you have child support obligations or the like.

If you don't resolve the case before trial you will have to conduct the trial. The prosecutor will have someone -- likely a police officer -- testify and once they have finished you can ask questions of the prosecutor's witness. Short, direct questions are usually best; something like "you don't remember what the weather was that day".

You will then get a chance to tell your story. You must affirm or swear to tell the truth and you tell your story from the witness box. Be direct, to the point and truthful. If you didn't see a sign because it was covered by a tree branch, say that and better still take a picture to show the Court.

After you testify you and the prosecutor will be able to make submissions as to what should happen. Again, short focussed submissions work best; "Your Worship, the officer says one thing, I say another, you must have a doubt and in the case of a doubt you must acquit".

Most traffic trials are over in 20 minutes or half an hour.