Traffic Ticket law overview.

Got a traffic ticket? Here's what you need to know.

Prosecuting a traffic charge is not as easy as you might think. In fact, most of the rules and procedures used to prosecute a traffic ticket are either identical or very similar to those in criminal court.

A traffic court conviction can have serious, life-altering consequences - particularly if it results in loss of your driver's licence. To protect innocent people from being wrongly convicted for a traffic ticket charge, a strict set of rules and procedures governs traffic court trials.

Differences between criminal court and traffic court.

In criminal court an accused person must appear before a judge and enter a plea. In most cases, if you are issued a traffic ticket, your personal appearance is not required. However, in more serious circumstances, you may be ordered to appear in traffic court. Pay close attention to your ticket to determine if you have to appear in court.

The specified penalty (fine) from your ticket.

Most tickets have a specified penalty. In other words, the law sets the penalty for the infraction, and the police officer writes that amount down on the ticket. This is unlike criminal court, where the judge determines the penalty from a range of options. If there is no specified penalty on the ticket, and you are ordered to go to court, the traffic court judge will decide what the penalty will be (just like in criminal court).

Paying your traffic ticket.

You have the option of paying your traffic ticket. Keep in mind, though, that paying the ticket is the same as pleading guilty to the charge. You'll be assessed the number of demerit (penalty) points for the offence, and these points will be entered on your driving record. Paying your ticket might be the expedient thing to do, but it may not be your best option.

Paying your ticket with an explanation.

Some jurisdictions allow you to pay your ticket and provide a written explanation. Most people hope this explanation will lower their demerit points. But this is a hit-and-miss approach. As often as not, your explanation will not be a legal justification, and the result will be the same as paying the ticket and pleading guilty.

Failing to pay the ticket or enter a not guilty plea.

Your traffic ticket will have a date by which you have to either pay the ticket or enter a not guilty plea. Failing to do one of these things will result in one of the following:

• You will be convicted of the charge in your absence. A fine will be issued, and the demerit points will be issued against your driving record.
• A warrant will be issued for your arrest.

Whatever you do, don't ignore your ticket. Whatever action you choose to take, make certain to take it within the required time.

Pleading not guilty to your traffic charge.

Pleading not guilty to a traffic ticket sets in motion a process very similar to that of a criminal trial.

You're innocent until proven guilty.

In Canada, you are presumed innocent until proven guilty. You don't have to prove you are innocent. Until the prosecution proves otherwise, you remain innocent in the eyes of the law.

The burden of proof is on the prosecution, not you.

A traffic charge is an unproven accusation. And sometimes accusations are made that can't be proved. The burden of proving an allegation is on the prosecution. If the prosecution can't prove its case, the charges must be dismissed.

What does the prosecution have to prove?

The prosecution must prove all the elements of the offence, including these:

Identity - The prosecution must prove it was you who committed offence (in other words, that you were driving). Sometimes identity can't be proved and the charges must be dismissed.

Was what you did an offence? - For example, you may be charged with driving at excessive speed. But that is up to the judge to decide, not the police officer.

Does the court have jurisdiction over you and the charge? - The court has to have authority over you to try you. For example, a theft charge committed solely in British Columbia cannot be tried in an Ontario court.

Was the charge laid within the proper time frame? - Some charges need to be laid within a certain period of time. If the time period runs out, the charge cannot be laid.

There are other elements of a traffic ticket the prosecution must prove. If you've been charged with a moving violation, talk to a traffic ticket lawyer or traffic court agent and find out what the prosecution needs to prove before you are convicted.

What is proof beyond a reasonable doubt?

The prosecution must prove a traffic ticket charge "beyond a reasonable doubt." What does that mean? It must prove its case to the point where the judge is "sure" that the person on trial is the person who committed the offence. It's not enough if the prosecution proves that the person might have done it. Proving this is not always an easy thing to do.

How does the prosecution prove a traffic charge?

A traffic ticket charge is built upon admissible evidence. But not all evidence is "admissible." For a piece of evidence to be admissible, it must have been collected properly. If not, it will often be excluded from the trial and not form part of the case against you. Without certain evidence, you won't be convicted.

How can evidence get excluded?

Let's say a person fails to stop at a stop sign and gets in an accident. In the confusion after the accident, no one can identify the driver of the car. The only evidence of who was driving comes in the form of a statement from the driver. There may be a question as to whether the statement of the driver is admissible. If it is not, there is no evidence of who was driving and there cannot be a conviction.

The police must follow certain rules and procedures. But police officers are human and sometimes they make mistakes. For example, evidence might be improperly gathered. This can, and does, happen at any point in an investigation. This kind of mistake can result in evidence being excluded from the trial. Without certain evidence, there cannot be a conviction.

The bottom line.

A traffic ticket for a driving offence is an unproven allegation. In some cases, the allegation can't be proved.

If you've been given a traffic ticket, never assume you'll be convicted. Traffic law is complex. Talk to traffic ticket lawyer or a traffic court agent and get the facts about your case. Go to the lawyer search box and find a lawyer or agent near you. Have your case reviewed so you can make sound, informed decisions about your future.