Speeding is common to see on the road. Now more than ever, police are able to catch people speeding through speeding cameras that are placed around the city. However, this may lead one to question whether speeding is a criminal offence.
Speeding is not a criminal offence. This means that one cannot be arrested for speeding and will not have a criminal record. This is due to the distinction between the Highway Traffic act of Ontario and the Criminal Code.
What are the Punishments for Speeding?
The Highway Traffic Act outlines the punishments for speeding. The punishment, typically a fine, depends on the number of kilometres you were going over the speed limit. This is outlined below:
- If you are over the speed limit by less than 20 kilometres per hour, the fine will be $3.00 for every kilometre you surpass the limit
- This increases to $4.50 if the limit is surpassed by 20 to 29 kilometres per hour
- The fine is $7.00 if the limit is surpassed by 30 to 49 kilometres per hour
- The fine is $9.75 if the limit is surpassed by 50 or more kilometres per hour
For instance, if the speed limit is 50 kilometres per hour and someone is driving 90 kilometres per hour, they would be fined $280. This is because they were 40 kilometres over the speed limit, meaning, they had to pay $7.00 per kilometre.
In addition to these fines, you can receive demerit points. These points stay on one’s driving record for 2 years from the day that the offence occurred.
- If you go over the speed limit by 16 to 29 kilometres per hour, then you will receive 3 points
- 4 points for going over by 30 to 49 kilometres per hour
- 6 points for going over by 50 kilometres per hour
It is important to note that if a total of 15 demerit points are accumulated, one’s licence can be suspended for 30 days or more.
Speeding under the Highway Traffic Act vs the Criminal Code
As previously mentioned, speeding is not a criminal offence under the Highway traffic act. You will not receive jail time or receive a charge on your criminal record. However, just as previously listed above, you may receive punishments including fines and demerit points.
You cannot be charged under the Criminal Code with speeding. However, if the speeding causes any incidents, charges may be filed. Examples of this include dangerous driving, dangerous driving causing bodily harm and dangerous driving causing death. These charges can involve excessive speeding which leads to an incident.
If you are arrested for speeding or charged with any dangerous driving offences, it is important that you have experienced lawyers by your side. Contact our office today at (905) 541-2228 or fill out a form for a free consultation.
