Speeding Fines Can't be Reduced

I found your article that explains the Motor Vehicle Act (MVA) requires that the JP impose the fine legislated for the speed being travelled. If they find between 20 and 40 km/h over, for instance, they must impose the $196 fine and cannot reduce it. I am not able to find where the MVA says that speeding fines can't be reduced.

I am curious as there are several reports of officers saying that they are handing out lower speeding fines to make you feel like you could have been given more so you should just pay it.

I was given a $135 fine and the officer said she could have given me a dangerous driving offence, but chose not to due to my driving record. Is this legal?

I know I was not going 23 over the speed limit. I never speed.

Speeding Fines

148.1 (3) A person who contravenes section 140, 146 (1), (3), (5) or (7), 147 or 148 (1) is liable on conviction to a minimum fine of not less than the aggregate of

(a) the fine amount prescribed in relation to the contravention, and

(b) the supplemental fine amount, if any, prescribed in relation to, and applicable to the degree of, the contravention.

(4) If, by means of a violation ticket defined in section 1 of the Offence Act, a person is charged with an offence under section 140, 146 (1), (3), (5) or (7), 147 or 148 (1) of this Act and the evidence proves the offence but to a different degree than that reflected by the supplemental fine amount included in the ticketed amount, as that term is defined in section 1 of the Offence Act,

(a) the person may be convicted of the offence, and

(b) the supplemental fine amount may be varied in accordance with the amount prescribed under subsection (2) (b) to reflect the degree by which the person exceeded the applicable speed limit.

Legislated Traffic Ticket Fine Amounts

The fine amount and the supplemental amount spoken of in this section are found in the Violation Ticket Administration and Fines Regulation, Schedule 3.

The Officer's Discretion

The officer does have some discretion over what ticketed amount they write on the form. I was never comfortable bumping the penalty up to the next level until the vehicle was at least 5 km/h into it, but it is up to the officer.

I didn't say anything about it when I served the ticket unless the driver asked me about it.

Traffic Court Proceedings

If you were written a violation ticket with a penalty for driving between 1 and 20 km/h over the speed limit and the justice found that you were really travelling between 21 and 40 km/h over the law requires them to impress the legislated penalty, which is higher.

My experience is that they stayed with what was written on the form, but I have only testified before a small number of traffic court justices.

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