Going to court isn’t something most people do on a regular basis, so it’s completely understandable if the process seems intimidating. You may not even know how to find out your court date for a traffic ticket, but that shouldn’t scare you off from fighting a ticket.
Between expensive fines, demerit points, and increased insurance premiums, there are real repercussions for simply pleading guilty and accepting the consequences.
Here, we’ll walk you through the traffic court process so you can know what to expect:
Key Takeaways
- A traffic ticket in Alberta includes the court date, time, and location directly on the ticket.
- Drivers are not required to attend court if they choose to plead guilty and pay the fine, but this results in demerit points and possible insurance increases.
- Mandatory court appearances apply to serious offences such as hit and run, excessive speeding, and impaired driving.
- Fighting a traffic ticket requires entering a not-guilty plea and attending traffic court.
- Traffic court involves disclosure of evidence, witness testimony, cross-examination, and a final ruling by a judge.
- Most traffic tickets do not result in jail time unless criminal charges are involved.
- Working with a traffic ticket expert improves the chances of reduced penalties or dismissed charges.
Why Do I Need to Appear in Court for a Traffic Ticket?
Technically, you don’t need to appear in court for most traffic tickets. If you choose to simply plead guilty and pay your fine, a court appearance is not required for most tickets, but you will also be accepting the demerit points and potentially expensive increases in your insurance premiums. That’s why, for almost every traffic ticket, you should fight the charges and go to traffic court.
A few traffic tickets do require mandatory court appearances. They include:
- Hit and run
- Excessive speeding (51 km/hour or more above the speed limit)
- Impaired driving
What happens in a court hearing for a speeding ticket?
When an officer gives you a speeding ticket, the ticket itself will contain the information you need to know about your court appearance. The ticket will tell you:
- What you’ve been charged with
- The date and time of your court hearing
- The court’s address
There are two types of tickets:
- Summons violation tickets, which require court appearances
- Offence notice violation tickets, which allow a voluntary payment
When you arrive at traffic court in Calgary or Edmonton, you can approach the Justice of the Peace desk to enter your not guilty plea and set a trial date.
Once the trial date is set, you need to begin preparing your defence. Working with a traffic court expert, like someone on the team at We Defend, can give you the best chance of beating the charges. Gather witnesses and as much evidence as you can, and request disclosure from the prosecutor so you and your team can see what the prosecutor will be presenting.
On the day of your trial, dress neatly and professionally. A traffic court expert will be able to walk you through the process, but you should address the judge as your worship, respond whenever addressed, and present evidence when required.
The prosecutor is required to present evidence first. You or the agent representing you will have the opportunity to cross-examine any witnesses before your defence is presented. There will be an opportunity for closing arguments before the judge makes their ruling.
How long does traffic court take?
Your first court appearance shouldn’t take long, but your trial can take several hours or longer. It is always worth booking the day off work if you are going to have a traffic court trial.
Will I go to jail?
For most traffic tickets in Alberta, jail time is not a concern. The justice system has penalties in place, including demerit points, suspended licenses, and large fines.
Prison time may be a possibility if criminal charges are associated with your traffic tickets, though. This includes:
- Impaired driving
- Fleeing from law enforcement
- Reckless driving or excessive speeding that causes bodily harm or death
Should I fight the ticket?
Even if you can afford to pay the fine that comes with a ticket, there are other consequences to pleading guilty. Demerit points can add up quickly and lead to a suspended license, and tickets on your driving record will affect how much you pay in insurance premiums.
In almost every situation, it is worth fighting traffic tickets.
Should I hire an expert before?
While you can fight a traffic ticket on your own, getting help from an expert can have serious benefits. You don’t need a lawyer, either, and many lawyers aren’t as familiar with how traffic court works as the experts at We Defend.
Hiring an expert means you’ll have someone reviewing the evidence that’s going to be presented against you and will be able to give an honest assessment of the best course of action. They’ve seen similar cases to yours many times and can help you craft the most effective defence.
Voluntary Payment vs. Summons: What to Do
How to find out your court date for a traffic ticket?
Your court date will be clearly marked on your ticket itself, along with the address of the court you need to attend.
Can you change your traffic ticket court date?
Yes. While you’ll need a reason to change your traffic ticket court date, you can contact the court and request a reschedule.
Can a traffic ticket be dismissed in Alberta?
Absolutely. The prosecution can choose to drop charges if they do not have enough evidence to convict you in traffic court, and a judge can also rule that you were innocent and dismiss the charges.
In many situations, they may also offer reduced charges where you’ll get fewer (or no) demerit points and a lesser fine.
Is it worth going to court over a speeding ticket in Alberta?
Yes, it is almost always worth it to go to court over a speeding ticket in Alberta. There can be errors on your ticket or the radar gun may not have been calibrated correctly, among other reasons, why you can get your penalties reduced or thrown out.
Pleading guilty to a speeding ticket means you’re accepting the fine, demerit points, and increases in insurance premiums that come with it. Fighting a ticket is considerably less expensive.
Can I drive while waiting for a court date?
Yes, unless you have had your license suspended, you can still drive while you await your day in court. Demerit points remain on your driving record for two years and can lead to a suspended license, so it’s important to check how many demerit points you have if you’ve received several tickets in quick succession.
What if I miss the court date for my speeding ticket?
If you miss your court date for a traffic ticket, you will be convicted, have to pay the fine, and accept the demerit points that come with the ticket. You can have an agent represent you at your initial court date if you can’t make it.
Can I ask for an extension on my court date?
Yes, but you should contact the court as soon as possible to request a date change. The court phone number is listed on your ticket, and you can also go to the court in person. You’ll need to provide a reason why you can’t attend.
Navigating Traffic Court with Confidence
Traffic court doesn’t have to be intimidating, but the consequences of pleading guilty can be costly. Understanding the process—and having the right support—can make all the difference when fighting a traffic ticket.
Contact We Defend today for expert guidance and the best chance of reducing or dismissing your charges.