There are many different types of driving offences. Driving offences are dealt with by the Ontario Court of Justice, Criminal Court or the Ontario Court of Justice, Provincial Offences Court, depending on the type of offence.
The Part I offence notice, sometimes referred to as a "ticket", is to be used in cases where the relevant statute limits the maximum penalty to a fine not exceeding $500.00 and a jail sentence cannot be imposed.
The Part I offence noticed is designed to be used for contraventions all the Provincial Statutes including:
- The Highway Traffic Act,
- The Liquor License Act,
- Trespass to Property Act etc.
The Part III summons is designed to be used in all cases where the relevant statute provides for maximum penalty in excess of $500.00 fine and permits a jail sentence to be imposed. Part III offence notice matters are usually dealt with by the Provincial Offences Court.
Some of the Driving Offences that would be dealt with by the Ontario Court of Justice, Criminal Court are:
- Drive while disqualified, (Criminal)
- Impaired Operation of a motor Vehicle
- Impaired Care and Control of a Motor vehicle
- Refusing to Provide a Breath Sample
Fines and/or jail sentences will vary depending on each individual case.
What options do I have if I receive a ticket?
You must choose one of the following three options within 15 days of receiving an Offence Notice. If you fail to exercise any of the three choices within the 15 day period, or if you do not appear for trial, you may be deemed as not disputing the charge and a Justice may enter a conviction in your absence.
OPTION 1 - Plea of Guilty
Payment out of court:
- I plead guilty and payment of the 'total payable' is enclosed.
- Instructions for payment can be found on the 'payment notice' section on the rear of the offence notice.
Note: You cannot make payment directly to a Police Officer or at a Police Station
OPTION 2 - Plead Guilty with an Explanation
- Attend the court office within the times and days shown. You must bring your Offence Notice with you.
OPTION 3 - Trial Option - Do Not Mail
- You or your Agent must attend the court office in person within the times and days shown on your copy of the Offence Notice to file a notice of intention to appear in court.
- You or your Agent must bring your Offence Notice with you.
- You cannot set a trial date by mail.
For your convenience and to save time, you may call the court office in advance for an appointment with the Prosecutor;
Remember, you must choose one of the 3 options above within 15 days of receiving your Offence Notice.
What options do I have if I receive a Summons?
Summons to Defendant
A summons to a defendant is an official court document that requires a person to attend court. There is no fine that can be paid in lieu of attending court. You, or your Agent, or your Counsel, must appear on the date and time and at the place indicated on the face of the summons.
If you or your Agent or Counsel do not appear;
- The court may issue a warrant for your arrest or;
- The trial may proceed and the evidence may be taken in your absence.
If you, or your Agent, or your Counsel appear;
- The trial may proceed or;
- You or your Agent, or your Counsel, or the Prosecutor, may ask the court to adjourn your case to another date. The court may grant or refuse such a request.
What should I do if I'm stopped by the Police? Here are some tips on what to do and what not to do:
- Stay in your car for safety's sake. The officer will come to you.
- Avoid being confrontational with the officer. Don't argue your case on the roadside. You can choose to have a trial in court if you want.
- At night, turn on your interior light.
- Turn down your radio so you can hear the Police Officer and they can hear you.
- If requested, produce your drivers Licence, ownership information and valid insurance card. Ontario law requires that you produce these items when requested to do so by a police officer.
- Why do Kingston Police issue traffic tickets?
- Road safety is of paramount importance to the Kingston Police Service.
- The Kingston Police Service incorporates high visibility, measurable outcomes, professional traffic stops and public education. Resources are directed towards identified hot spots for the purpose of reducing or eliminating collisions in a specific geographical area.
- These initiatives address high-risk behaviours involving occupant restraint, impaired driving and aggressive driving. The majority of our fatalities involve these three factors. This approach ensures a unified methodology focused on reducing injuries and saving lives, twenty-four hours a day, seven days a week, and three hundred and sixty-five days a year.
- The ultimate goal of traffic enforcement is to achieve voluntary compliance by all persons using the roads so as to reduce collisions and therefore injuries and or deaths.