Tuesday, May 31, 2011

Fines for speeding tickets can be suspended

R v Doroz (unreported; released May 30, 2011 per Libman J) holds that the set fines for speeding contrary to s 128 of the Highway Traffic Act are "minimum fines" and, accordingly, pursuant to s 59 (2) of the Provincial Offences Act, sentence may be suspended. This is a somewhat odd holding in light of the Court of Appeal ruling in York v Winlow, 2009 ONCA 643 which said there is no discretion to reduce the s 128 fines. Regardless, in "exceptional circumstances" the Court may suspend sentence for simple speeding offences.

No comments: