Speeding - Section 128 of the Highway Traffic Act

What is a Speeding Ticket?

A speeding ticket falls under the offence of speeding in Section 128 of the Highway Traffic Act, R.S.O. 1990, c. H.8 is worded as follows:

128 (1) 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;
(b.1) 80 kilometres per hour on a highway not within a local municipality or within a built-up area;
(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); or
(e) the maximum rate of speed set under subsection (10) and posted in a construction zone designated under subsection (8) or (8.1).

Penalties for a Speeding Ticket

Speeding is a strict liability offence, defined in different levels, and results in different penalties.
There are four levels of speeding within section 128(14):

(a) Less than 20 km/h over the limit.
(b) 20 km/h or more, but less than 30 km/h over the limit.
(c) 30 km/h or more, but less than 50 km/h over the limit.
(d) 50 km/h or more over the limit.

These speed levels each have different penalties in different circumstances. For instance, in construction zones, section 128(14.1), the fines double those below.

(a) A fine of $3 for each km/h over the speed limit.
(b) A fine of $4.50 for each km/h over the speed limit.
(c) A fine of $7 for each km/h over the speed limit.
(d) A fine of $9.75 for each km/h over the speed limit.

However, there are also demerit points that can be accumulated due to the charge. Those demerit points are accumulated as below.

(a) No demerit points.
(b) 3 demerit points.
(c) 4 demerit points.
(d) 6 demerit points.

In a charge under subsection (d) of either 128(14) or 128(14.1), an additional penalty of loss of licence may be imposed. The loss of licence may be up to 30 days for the first offence, 60 for the second, and one year for the third and subsequent offence.

Speeding charges can only be defended by one of two reasons, either there was an imminent threat to life, or there was an emergency that required you to be driving directly to the hospital with a patient who had no assistance or ambulance available.

While there may be no means to defend the charge, technicalities may be another means to fight the charge itself. The Provincial Offences Act, RSO 1990, c P.33 defines the procedure to be followed for the ticket to be valid, and for a conviction to be registered. This is the way to fight speeding charges. Missing information on the ticket or improper notes by the officer may find you getting out of the speeding ticket.

Other issues that may arise with the ticket, such as the possibility of the radar not being calibrated properly, or some other issue that can prove any kind of doubt can also result in an acquittal. This is where the help of a knowledgeable professional comes in handy, talk to Cambium Legal about your speeding ticket, and get help in getting the best outcome.

Have You Been Caught Speeding? Contact Us

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Martin Luther King, Jr., about the phrase in War and Peace: “I cannot conceive of a man not being free unless he is dead.” Address at the Fiftieth Annual NAACP Convention, New York (17 July 1959),