Traffic ticket: How to contest a ticket and protect your rights

Receiving a traffic ticket can be unsettling, whether it’s for speeding or another Highway Safety Code violation. However, it’s important to know that you have options. A traffic ticket is not an automatic conviction. With the right strategy and advice, you can challenge the penalty and protect your rights. Here’s how to navigate the situation and maximize your chances of success.

Understanding the details of your ticket

Before deciding, you need to fully understand what you’re being accused of. The ticket will indicate:

The nature of the alleged offense (speeding, traffic lights, signage, cellphone use, etc.)
The amount of the fine and associated fees
The applicable demerit points
The contestation deadline, which is 30 days

After this deadline, the conviction becomes final. It’s crucial to act quickly, even if you’re still unsure about how to proceed.

Why contest?

Many people pay tickets by default, without realizing the real impacts:

Demerit points can accumulate, leading to a license suspension
Insurance premiums increase as soon as an offense appears on your driving record
A conviction can harm your professional record, especially if you drive for work

Contesting allows you to preserve your driving record, negotiate a lesser offense, or, in some cases, have the ticket canceled altogether.

What our team can do for you

Challenging a ticket is not just about filling out a form:

We file the contestation for you within the legal deadlines
We carefully analyze every detail of the evidence: radar calibration, line of sight, police procedure compliance, etc.
We negotiate with prosecutors to reduce or withdraw the offense
And if necessary, we represent you in court

Our goal: to help you avoid the harshest legal, financial, and administrative consequences.

Our Recent Successes

Over the years, Me Gagnon and his team have achieved remarkable results in defending against drunk driving charges. Here are some examples of our recent successes:

Assault and Acquittal

In an assault case, Me Gagnon and his team established an alibi defence by interviewing witnesses and gathering video footage and text messages. This work allowed them to reconstruct the events and demonstrate, through independent evidence, that the client could not have been at the scene at the time of the alleged incident. In light of this evidence, the Crown consented to the client's acquittal, allowing him to avoid a criminal conviction.

Impaired Driving and Withdrawal of Charges

In an impaired driving case, Me Gagnon reviewed the police intervention and demonstrated that his client's right to counsel had been violated. Following the client's arrest at a roadside checkpoint, the police did not prioritize transporting him to the station, delaying the exercise of his right to consult a lawyer. The defence's arguments led to the withdrawal of the charges because of this violation of his constitutional rights. As a result, the client avoided a criminal conviction in this case.

Theft and Diversion

Following two theft charges, Me Gagnon and his team directed their client to therapeutic resources suited to his circumstances. Beyond the legal defence, this support contributed to a remarkable turnaround in the client's life. The defence documented the steps the client had taken and presented his progress to the Crown. In light of these results, the Crown agreed to have the case handled through a diversion program, favouring an approach focused on rehabilitation.

Robbery and Alternative Measures

In a robbery case, Me Gagnon and his team demonstrated that post-traumatic stress disorder related to the client's past experiences had affected his behaviour during the incident. By highlighting these factors, the defence helped the Crown better understand the circumstances surrounding the incident and the client's personal situation. These efforts led to the charge being reduced from robbery to theft and the case being handled through the alternative measures program, an outcome suited to the client's circumstances.

Sexual Assault and Acquittal

In a sexual assault case, the investigative efforts of Me Gagnon and his team led to the identification and location of a key defence witness. The witness's testimony demonstrated that the events described could not have occurred in the alleged circumstances. Presented at trial, this evidence provided concrete support for the client's defence. The client was acquitted, avoiding a criminal conviction.

Domestic Harassment and Acquittal Without Trial

In a domestic harassment case, Me Gagnon and his team reviewed emails and text messages and interviewed witnesses to the incident. This work allowed them to present evidence favourable to the defence to the Crown and secure a resolution without trial. The Crown agreed to a peace bond and requested the client's acquittal, allowing him to avoid a criminal conviction.

Care or Control of a Vehicle and Acquittal

In a case involving the care or control of a vehicle while impaired, the client had fallen asleep in his vehicle while waiting for a taxi on a particularly cold winter evening during the holiday season. Me Gagnon demonstrated that the circumstances presented no realistic risk of the vehicle being set in motion. The client was acquitted, avoiding both a criminal conviction and the driving prohibition that would have followed.

Repeated Speeding Violations and Closure of the CTQ Case

In a case referred to the Commission des transports du Québec (CTQ) because of repeated speeding violations, Me Gagnon and his team helped their client implement concrete corrective measures. A driver monitoring system, coupled with a disciplinary policy, was introduced, and the heavy vehicle fleet was reduced. These steps addressed the concerns raised and led to the case being closed without intervention by the Commission, allowing the client to continue operating.

Dismissal of Charges Due to Procedural Error

Through a meticulous analysis of the case, we demonstrated that our client's constitutional rights were violated during the police intervention, leading to the dismissal of the charges.

Complete Acquittal

In a complex case, our team proved that the equipment used to measure blood alcohol levels was possibly defective, resulting in our client's total acquittal.

Sentence Reduction

In several cases, we have succeeded in obtaining significant sentence reductions by demonstrating errors in breathalyzer tests or presenting convincing mitigating circumstances.

These successes reflect our commitment to vigorously defending our clients' rights and exploring all possible avenues to achieve the best outcome.

Advantages of Working with Us