What Happens If You Fight a Traffic Ticket & Lose?

What happens if you fight a traffic ticket and lose? The good news is that if you go to court to fight a traffic ticket and are found guilty, you won’t face any harsher consequences than if you’d chosen not to fight. The fine won’t go up, and you won’t get more demerit points just because you chose to defend yourself in court.

Key Takeaways 

• Losing in traffic court doesn’t cost you more. Your fine and demerit points stay exactly the same as if you’d simply paid the ticket—there’s no penalty for defending yourself.
• Fighting a ticket opens the door to better outcomes than paying outright, including amended (lesser) charges, withdrawn charges, or a negotiated reduction in fines and demerit points.
• You have 30 days from the date you receive your ticket to file a not guilty plea, but a trial date can take three to six months (or longer) to be scheduled.
• Because demerit points are only added on the date of conviction—not the date of the ticket—pleading not guilty and going to trial can delay points from hitting your record, which may help you avoid a suspension if you’re already close to 15 points.

What “Losing” Actually Means

When you go to traffic court to contest a ticket, you’re looking to prove that the infraction you’re accused of committing didn’t happen. Losing means a Justice of the Peace ultimately upholds the allegation against you. You’ll have to pay the fines associated with the ticket, and the demerit points will be added to your driving record.

There are several options to consider if you do lose in traffic court:

• Losing in traffic court doesn’t necessarily mean that you’re out of options when it comes to fighting a traffic ticket, though. You can file an appeal at the Court of the King’s Bench. 
• The demerit points you are assigned will go on your record on the day you are convicted, not on the day you receive your ticket. You have 30 days to inform the court that you intend to fight the ticket, but it may be three to six months to get a trial date in traffic court, or even longer if there is a backlog.
• Because fully licensed drivers get demerit-point suspensions when they accumulate 15 points in a two-year period, and those points only go on your record when you are convicted, delaying your conviction by pleading not guilty and going to court can prevent a suspension if you currently have 8 or more points.

Other Possible Outcomes

When you fight a traffic ticket, the final outcome is often not as simple as a guilty or not guilty verdict. The possible outcomes you could face can be better than simply paying your ticket without fighting, including:

• Amended allegations: You may reach an agreement with the prosecutor and plead guilty to a lesser charge. There may still be fines and demerit points attached, but they’ll be significantly less than you were initially facing. Getting a careless driving charge reduced to a speeding ticket, as an example, can have huge implications for both your driving record and your wallet.
• Withdrawal of charges: When the prosecutor reviews the evidence against you, they may determine that there’s no point in proceeding and withdraw the charges. This can only happen if you fight the ticket and don’t choose to simply pay right away.
• Reduced fines or demerit points: Meeting with a prosecutor before your trial and seeking an early resolution can help you reach a deal to reduce the fines and demerit points you face. You agree to the terms, and it means the prosecutor doesn’t need to go to trial, either.

What Does a Traffic Ticket Cost?

Traffic tickets are more than inconvenient; they can be expensive and negatively affect your driving record. You don’t need to just accept the consequences. The fines can be expensive in Alberta.

Fine amounts reflect Alberta’s current specified penalties under the Procedures Regulation (AR 63/2017), as amended, plus the 20% victim fine surcharge. Failure to remain at the scene of an accident does not have a fixed specified penalty—it requires a mandatory court appearance, and the fine is set by the court.

How Fighting a Ticket Can Help

Fighting a ticket provides the possibility of a number of positive outcomes. With professionals like We Defend working for you, there is a lot of evidence that can help you beat a traffic ticket and potentially benefit from:

• Reduced fines: The fines for traffic tickets are expensive. With the victim surcharge, a traffic ticket for not stopping at a red light can cost up to $405, while failing to yield to a pedestrian at a crosswalk comes with an $810 fine. Even if your ticket isn’t tossed out entirely, early resolution or fighting in court can greatly reduce how much you wind up having to pay.
• Reduced demerit points: Demerit points go on your driving record and can add up quickly. If a fully licensed driver gets 15 demerit points in a two-year period, their license will be suspended. Not stopping at a red light comes with three demerit points, while not yielding to a pedestrian at a crosswalk comes with four.
• Steady insurance premiums: Pleading guilty to a traffic ticket will almost certainly result in an expensive increase in what you pay for insurance. As an example, the Alberta Motor Association warns that having two minor speeding tickets on your record can result in a 25% increase in your insurance premiums. More often than not, this will be even more costly than the fine itself, so preventing demerit points from going on your driving record has a real financial impact, as well.

These possible outcomes are only achievable if you fight a ticket, and the penalties do not worsen if you fight and lose. That means there’s little-to-no risk involved in defending yourself in court with professional support.

How to Fight a Traffic Ticket

You should always fight traffic tickets in Alberta, and there are many reasons your ticket can be reduced or dismissed.

Common reasons include:

• Errors on the ticket
• The officer who issued the ticket doesn’t show up in court
• The charges cannot be proven

If you’re wondering, “How can I fight a traffic ticket?”, contacting We Defend is a great place to start. Our team includes a former Justice of the Peace, Melissa Lucy, and a former police officer, Will De Vader, along with a dedicated team of experts with a combined 100+ years of experience.

How We Help Albertans Fight Traffic Tickets

Working with professional traffic court experts like the team at We Defend gives you the best possible chance of achieving a positive outcome when you fight a traffic ticket. Book a free consultation as soon as possible after receiving a ticket so we can review the details of the charges against you and offer honest advice about the best path forward.

Our team will then help out with:

• The disclosure request: Where the prosecution has to present all of their evidence against you
• Evidence review: We’ll look through the evidence and find any inconsistencies or errors that might help your case. Our experience working with Albertans who have faced similar charges to yours will ensure we find anything that could benefit your case
• Attendance: We’ll attend traffic court with you and help you throughout your court date. We can speak with prosecutors in advance and try to find a positive outcome and present your case to the justice of the peace, as well.

While there is a cost that comes with hiring professional traffic court experts instead of going to court alone, it is minimal compared to what it will cost if you are found guilty and have to pay the fine on your ticket and the expensive increases in insurance premiums that come with demerit points going on your record.

Fight Your Traffic Ticket with Confidence

What happens if you fight a traffic ticket and lose? While the repercussions of losing generally aren’t any more serious than the penalties on the ticket itself, having the experts at We Defend on your side can save you time and money while protecting your driving record and helping you avoid costly increases in insurance premiums.

If you have a traffic ticket you need to fight, get a free consultation today. You have 30 days to enter a not guilty plea from the date of receiving your ticket. 

FAQs About Fighting Traffic Tickets

What happens if I miss my court date?

If you miss your court date, you will be convicted in your absence and required to pay the initial fine that came with your ticket. You will also be assigned demerit points. 

What happens if I can’t pay my ticket?

You can go to the courthouse that’s indicated on your ticket and request more time to pay the fine. You can also do so using the Traffic Ticket Services page. This must be done before your appearance date

Is it worth disputing a traffic ticket?

Yes. The repercussions of being convicted for a traffic ticket can be more serious than people initially consider. Even if you’re worried about what happens if you fight a traffic ticket and lose, simply paying the fine, potential demerit points, and increases in your insurance premiums can be expensive. 
Fighting a traffic ticket can save you money and give you an opportunity to reduce those penalties or get rid of them entirely, and you don’t need to lose sleep worrying about fighting a ticket and losing.

Is it worth fighting a speeding ticket in Canada?

It’s no different in Canada than anywhere else. Fighting a speeding ticket in Canada is almost always less expensive than accepting the expensive fines and insurance premiums that come with not fighting it. When you consider the potential demerit points and the consequences of a suspended license, it always makes sense to fight a speeding ticket.

What is the best defence against a speeding ticket?

Factual error is one of the most common defences against speeding tickets, as officers often make mistakes, but the most important step is to show up in court. The officer who issued the ticket needs to show up, as well. The goal is to eliminate or reduce the penalties you face and to protect your insurance premiums, and We Defend’s team of experts can make that happen.