Traffic Ticket

How to Contest a Traffic Ticket in Ontario: Is It Worth the Effort?

Learn how to contest a traffic ticket in Ontario, avoid fines and demerit points, and decide if fighting it is worth the effort.

March 1, 2025

Getting a traffic ticket in Ontario can be frustrating, but you might have options to fight it. Whether it’s a speeding violation, running a red light, or distracted driving, contesting a ticket can help you avoid fines, demerit points, and increased insurance rates. But is it worth the effort? Let’s break it down.

Step 1: Understand Your Ticket

Before deciding to fight a traffic ticket, review the details carefully. Ontario has different types of traffic offences:

  • Minor infractions (e.g., failure to signal, speeding under 15 km/h over the limit)
  • Major infractions (e.g., careless driving, speeding 30+ km/h over the limit)
  • Serious offences (e.g., stunt driving, driving under suspension)

Each carries different penalties. You can check the fine and demerit points associated with your offence on the Ontario Highway Traffic Act here.

Step 2: Decide Whether to Pay or Fight

Once you receive a ticket, you have three options:

  1. Pay the fine – Accept guilt, pay the amount, and move on.
  2. Request a reduced penalty – Plead guilty but ask for a lower fine or fewer demerit points.
  3. Fight the ticket – Challenge the charge in court.

If you just want to reduce your fine, you can request an early resolution meeting with a prosecutor. Learn more about this process here.

Step 3: How to Contest a Traffic Ticket

If you decide to fight the ticket, follow these steps:

1. File Your Notice of Intention to Appear

You must request a trial by filing a Notice of Intention to Appear with the Provincial Offences Office listed on your ticket. You typically have 15 days from the date of issue to respond.

You can file:

  • In person at the courthouse
  • By mail (ensure it’s postmarked before the deadline)
  • Online (if available in your jurisdiction)

Find your local Provincial Offences Court here.

2. Request Disclosure (Evidence Against You)

Once your court date is set, request a disclosure package from the prosecution. This may include:

  • Officer’s notes
  • Radar or laser readings (for speeding tickets)
  • Witness statements (if applicable)
  • Dashcam or bodycam footage (if available)

This evidence helps you understand the case against you and prepare your defense. Learn how to request disclosure here.

3. Build Your Defense

Depending on your ticket, you can argue:

  • Incorrect or missing details on the ticket (e.g., wrong date, incorrect vehicle info)
  • Faulty equipment (e.g., radar calibration issues, incorrect signage)
  • Officer error (e.g., misinterpretation of events)
  • Reasonable excuse (e.g., medical emergency, weather conditions)

Consider consulting a paralegal or traffic ticket specialist for complex cases. Need legal help? Book a consultation with Carson Frankum.

Step 4: Your Court Appearance

At trial, you can represent yourself or hire a professional. The process includes:

  1. The prosecutor presents their case, including officer testimony.
  2. You cross-examine the officer, challenging inconsistencies or lack of evidence.
  3. You present your defense, including any evidence or witnesses.
  4. The judge makes a decision.

If the officer doesn’t show up, the case may be dismissed!

Step 5: What Happens If You Win or Lose?

  • If you win: The charge is dropped, and you avoid fines and demerit points.
  • If you lose: You must pay the fine, and demerit points will apply. However, you may appeal under certain circumstances.

Is It Worth Fighting a Traffic Ticket?

When It’s Worth It:

✅ If you’re facing high fines or demerit points✅ If the ticket will increase your insurance rates✅ If there are errors on the ticket or weak evidence✅ If a paralegal or specialist believes you have a strong case

When It’s Not Worth It:

❌ If the fine is small and won’t impact your driving record❌ If the evidence against you is strong❌ If you don’t have time to attend court or prepare a defense

Final Thoughts

Contesting a traffic ticket in Ontario can save you money and protect your driving record, but it requires time and effort. Weigh your options carefully and get professional help if needed. Contact Carson Frankum for expert legal advice on fighting traffic tickets.