QUICK TAKEAWAY
Speeding has been a problem on Canadian roads since the automobile was invented. It has been identified as one of the leading factors in traffic accidents and police across Canada reported an uptick in speeding early in the coronavirus pandemic when less traffic due to country-wide shutdowns meant more open roads. Each province and territory enforces its roadways and has its own penalties for speeding. There is no charge for driving at excessive speeds in the Criminal Code of Canada. However, there are charges that could be brought if the speed leads to an accident, such as dangerous driving, which is covered under s.320.13. The penalties for dangerous driving can be severe, with jail time a possibility depending on the circumstance. If you have been charged with speeding you can expect to pay a fine, be issued demerit points and you could see an increase in your insurance premiums. Your vehicle can also be impounded.
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What is Speeding?
Speeding is just what it sounds like. If you drive over the posted speed limit on a street or highway you could face a traffic ticket. Police can use a radar gun at what is commonly referred to as a speed trap or they can follow you in a marked or unmarked car. Some provinces also have photo radar, or speed cameras, which will record the speed of your vehicle, the licence plate, make, and model, direction of travel and the date and time of the offence. If you were speeding, a ticket will be mailed to your address. It doesn’t matter who was driving, the ticket is sent to the registered owner.
Citing Canadian Motor Vehicle Traffic Collision Statistics, 2018, the Canadian Association of Chiefs of Police (CANADA ROAD SAFETY WEEK 2020 – NATIONAL FACTS AND STATS [PDF]) report that 27 per cent of fatalities and 19 per cent of serious injuries involve speeding. They point to research that shows a one per cent reduction in speed can reduce the likelihood of a fatal collision by five per cent.
Almost two-thirds of Canadians indicate they witnessed an increase in dangerous driving on local roads during the COVID-19 pandemic, according to from the Canadian Automobile Association (CAA). In one instance, an 18-year-old was charged with street racing after a Mercedes was clocked doing 308 km/h on an Ontario highway. That province has stunt driving laws with fines that can include fines of up to $10,000, six months in jail and a two years driver’s license suspension.
What is Needed to Convict
If you have been stopped for speeding, police will record your driver’s licence and insurance details and as well as the year, make, model and colour of your car along with the licence plate number. If you decide to contest the ticket in court, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must prove that you were the one driving the vehicle at the time of the incident and it will be up to a judge to decide if you are guilty. The Crown must establish that you were driving on a controlled highway or street and that you exceeded the posted limit. Incorrect information on the ticket, such as the wrong licence plate number, will invalidate the ticket. If you have been caught on photo radar or speed camera you can go to court and ask for a copy of the calibration records to be disclosed.
Penalties for Speeding
The penalties vary in each province or territory but there are commonalities. If you are convicted of speeding you will be fined and receive demerit pointsPoints added to a driver’s record for committing infractions on your licence that could ultimately lead to a driving suspension. Fines vary depending on how fast you were travelling. As well, fines can double if you were caught speeding in a school or construction zone. Police can also impound your vehicle for excessive speeding.
Speeding can lead to a provincial charge of careless driving or a Criminal Code charge of dangerous driving. If you are involved in an accident that causes an injury while you were speeding, you could be charged with dangerous driving causing bodily harm which has a maximum prison sentence of 14 years.
If someone is killed as a result of your speeding, you could be charged with dangerous driving causing death and face up to life in prison. A conviction for dangerous driving also comes with a criminal record.
If you were caught speeding out of province, the demerit points follow you to your home province under the Canadian Driver Licence Compact, a 1990 agreement to share driving records between the provinces and territories. The exception is British Columbia, Quebec and Nunavut, who are not part of the agreement. Provinces handle collection of unpaid fines differently; some use a collection agency while others collect through the Canada Revenue Agency.
Any speeding ticket can typically affect your insurance rate. A ticket can stay on your driving record for up to three years and if you are caught speeding again it can result in a significant rate increase. In provinces with privately-run insurance, a ticket could increase your rates anywhere from five to 10 per cent, depending on how many times you have been fined, according to the Globe and Mail (How will a speeding ticket affect my insurance rates?). The Globe notes that insurers typically will not bump your rate if you were caught going less than 15 km/h over the limit. However, that ticket is likely to cost you any discount offered by the insurance company, which is usually between five and 10 per cent.
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Eisen Dyer LLP
Miller Pickard Barristers
The Law Firm of Ted Yoannou
Mark A. Kelly
Miles Criminal Law
Karen Jokinen Criminal Law
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Demerit points
Demerit points are given to drivers if they are convicted of breaking the law while driving. Once they reach a certain level, drivers can temporarily lose their driver’s licence.
