Contesting a Traffic Ticket

Complete Guide · Penal Law

Paying means pleading guilty

The statement of offence handed to you by the police officer is the document by which the prosecutor accuses you of a penal offence. At the hearing on that ticket, it will be up to the prosecutor to prove beyond a reasonable doubt that you committed the offence. To obtain a hearing date, all you need to do is respond with a plea of not guilty, sent within 30 days (s. 160 of the Code of Penal Procedure).

Conversely, paying the fine, in whole or in part, amounts to a plea of guilty (s. 162 C.P.P.): the demerit points are automatically entered on your driving record.

If you do not respond within the deadline, a default judgment may be rendered in your absence, and costs may be added.

Reading your statement of offence

Before making any decision, take the time to check what the ticket says: the HSC provision, the date, time and exact location of the offence, the direction of travel, the identification of the vehicle and of the driver, and the amount claimed. That amount is made up of the fine, the costs and the contribution, which explains the gap between the fine set by law and the total shown.

An error does not always lead to the dismissal of the ticket: some irregularities can be corrected by the prosecutor. That said, an error that raises a doubt about the driver’s identity or about the provision invoked can improve the chances of success at trial. It also makes it easier to negotiate a solution with the prosecutor.

The most common offences and their consequences

Costs and the penal contribution are always added to the fine. For speeding, the fine and the points increase in steps according to how far over the limit you were: the full table, by speed zone, appears in our article on excessive speeding.

Demerit points

Demerit points entered on the driving record after a conviction accumulate for two years (s. 116 HSC). When the total reaches the applicable threshold, the SAAQ revokes the driver’s licence (s. 185 HSC). That threshold, set by the Regulation respecting demerit points (CQLR, c. C-24.2, r. 37), varies with age. The length of the revocation or suspension depends on the number of points accumulated and on any sanctions already imposed in the previous two years (ss. 185 and 191.2 HSC). Please refer to the table below to find your situation:

Once the sanction is imposed, the counter resets: the SAAQ removes from the record the points that led to the revocation or suspension (s. 117 HSC). A person whose licence has been revoked may, by order of a judge of the Court of Québec, obtain a restricted licence by showing that they must drive to perform their main work (s. 118 HSC).

A single ticket for cellphone use while driving (5 points) is therefore enough to have a probationary licence revoked. Finally, demerit points come on top of the separate consequences of a criminal offence such as impaired driving, which falls under the Criminal Code and results in a criminal record. See our article on the Impacts of a Criminal Record.

The steps of a contestation

1. Send a plea of not guilty within 30 days of receiving the ticket (s. 160 C.P.P.), by completing the section provided for that purpose, without paying the fine. It can be sent by mail or, for most municipal courts, online. Your lawyer cannot do this step for you.
2. Request disclosure of the evidence: the offence report written by the officer, the officer’s personal notes and any photo or video. This evidence lets you measure the strengths and weaknesses of the prosecutor’s case. Your lawyer can assist you with this step.
3. Receive the notice of hearing: the court sets the trial date, often several months after the plea. Your lawyer can assist you with this step: you could decide to negotiate a guilty plea with reduced consequences, or set the case down for trial. The Jordan time limits also apply in penal matters, with an 18-month ceiling. See our article on Reasonable Delay and the Jordan Decision.

The trial before the municipal court or the Court of Québec

A penal trial follows the same fundamental principles as a criminal trial. One particularity, however: the offence report written by the officer stands in for the officer’s testimony (s. 62 C.P.P.). The officer will be required to testify only if the defence summons them for cross-examination.

Cross-examination of the officer can cover their observations, such as the method used to measure speed or the identification of the vehicle. The accuracy of the notes taken at the time of the stop may then help the officer give more credible testimony. If the defence intends to contradict the officer’s version with other testimony, the defendant’s for example, the rule in Browne v. Dunn requires that the officer first be confronted with that version in cross-examination.

Grounds of contestation by type of offence

• Speeding: identifying the vehicle in dense traffic or on a multi-lane road can sometimes be a useful defence. When speed is established by a patrol car following the vehicle, the strict conditions of the pacing technique must be addressed (Robitaille; DPCP c. Richard, 2012 QCCQ 5664). See our article on the pacing technique.
• Cellphone while driving: the presumption of use that arises from the mere fact of holding the device may have to be rebutted (s. 443.1, para. 2 HSC). The fact that the vehicle was parked rather than stopped can also be a defence. The defence based on confusing a phone with another object is analyzed in our article on the mistaken-object defence, and the Rahme decision, which deals with the presumption of use, in our article on the danger of picking up your cellphone while driving.
• Stop sign and red light: a stop sign hidden by vegetation or snow, or a traffic light that is not visible, can support a defence of impossibility or due diligence. These defences are explained in our article on defences in criminal and penal law.
• Stop without grounds: since the Luamba decision, 2024 QCCA 1387, a random stop based on a discriminatory motive may constitute arbitrary detention and lead to the exclusion of evidence. See our article on police stops and section 636 of the HSC.

Negotiating with the prosecutor

Not every case goes to trial. When the evidence has a weakness, or when the circumstances warrant it, the prosecutor may agree to reduce the offence charged to one carrying fewer points, or none at all, or to withdraw the ticket. Payment terms can also be arranged. These discussions usually take place on the day of trial, and that is where the experience of a penal lawyer makes the difference.

Consult Me Alexandre Lacroix

Have you received a statement of offence for speeding, excessive speeding, cellphone use while driving, a stop sign or a red light in Montreal or elsewhere in Québec? Me Alexandre Lacroix, a Montreal penal lawyer, represents clients before the Montreal municipal court, the municipal courts of the greater Montreal area and the Court of Québec. Bring your ticket: the first consultation is free and without obligation.

The content of this page is provided for general information purposes only and does not constitute legal advice. Every situation is unique — consult a legal professional for advice tailored to your case.