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Ontario · Highway Traffic Act, s.128 (Ontario)

Speeding in Ontario

A Part I set-fine ticket under s.128 of the Highway Traffic Act — but demerit points and insurance impact scale with speed, and higher speeds can be charged as stunt driving instead.

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What is speeding?

Speeding is prosecuted under section 128 of the Highway Traffic Act. It's a Part I offence, which means the officer issues a ticket with a set fine — no summons to court is required. You can plead guilty and pay, plead not guilty and set a trial, or request an early-resolution meeting with the prosecutor.

The set fine is calculated per kilometre per hour that you're alleged to have been over the posted limit, and the per-km rate rises the faster you were going:

Speed over limitFine per km/hDemerit points
Less than 20 km/h over$3.000 (under 16 km/h) / 3 (16–19 km/h)
20–29 km/h over$4.503
30–49 km/h over$7.004
50 km/h or more over$9.756

Fines are doubled in designated community safety zones and in construction zones when a worker is present. A victim fine surcharge and court costs are added on top of the set fine.

Important: speeding 50 km/h or more over the limit — or 40 km/h or more over where the posted limit is under 80 km/h — can be charged as stunt driving under s.172 instead. That's a completely different, far harsher charge with an immediate roadside licence suspension and vehicle impound.

We defend speeding tickets issued by a police officer (radar, lidar, or pacing). Automated speed-camera tickets are a separate administrative process — Ontario has moved to ban municipal speed cameras — and are not matters we handle.

Penalties

Penalty ranges for Speeding under Highway Traffic Act, s.128 (Ontario)
TierFineDemerit pointsLicence suspensionJailProcedure
Speeding — s.128 (set-fine ticket)$3.00–$9.75 per km/h over (doubled in CSZ and active construction zones)0 to 6, scaling with speedNone from the ticket itself; accumulated demerits can trigger a Ministry suspensionNonePart I ticket

Insurance impact

Speeding tickets with demerit points typically raise auto insurance premiums, and higher-speed tickets hit harder and last longer on your record. Multiple speeding convictions compound the effect and can push a driver into the high-risk market.

Licence & record impact

Convictions appear on your Ontario driving abstract. Demerit points accumulate — enough of them triggers a Ministry warning letter, an interview, and eventually a licence suspension entirely separate from anything the court orders.

How this charge is defended

Not sure what the ticket will actually cost? The Ontario speeding ticket calculator works out the fine and demerit points, and flags whether the speed alleged crosses into stunt driving.

Speeding cases are technical. We obtain disclosure — the officer's notes, the speed-measuring device (radar, lidar, or pacing) records, calibration and training records, and any in-car video — and test whether the Crown can prove the speed to the standard the law requires.

Depending on disclosure, our goal is often to have the ticket withdrawn, or to negotiate a reduction to a lower speed band — which lowers the fine, the demerit points, and the insurance impact. Where trial is the right path, we prepare and represent you.

Speeding — common questions

Should I just pay the ticket?

Paying a speeding ticket is a plea of guilty. It puts the conviction on your driving record, adds the demerit points that come with it, and can raise your insurance for years. Almost every speeding ticket is worth reviewing before you pay.

How much are demerit points going to cost me?

Demerit points themselves don't have a dollar amount, but insurers use your driving abstract when setting premiums. A ticket with 3 demerit points is treated very differently from a zero-point conviction, and higher-speed tickets sit on your record longer.

What is a community safety zone?

A community safety zone is a stretch of road designated by a municipality — typically near schools, playgrounds, or seniors' residences. Fines for most Highway Traffic Act offences, including speeding, are doubled inside those zones. The signage marks the start and end of the zone.

When does a speeding ticket become stunt driving?

Under Ontario's rules, driving 50 km/h or more over the posted limit — or 40 km/h or more over where the limit is under 80 km/h — can be charged as stunt driving under s.172 of the Highway Traffic Act. That's a Part III summons with an immediate roadside licence suspension and vehicle impound, not a speeding ticket.