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Q: A few days ago I received a traffic ticket for speeding. I didn't notice the speed had changed from 50 kilometres per hour to 40 km/h and the officer gave me a ticket for going 20 kilometres over the limit. I am a bit apprehensive about appearing in court so I was thinking to plead guilty with an explanation. Can the judge take my explanation into consideration and save me the points if I agree to pay the fine?

A: Often people who receive traffic tickets for minor offences mention an apprehension of appearing formally before a judge in open court, but feel they would like an opportunity to offer some sort of explanation in defence of their case, in the hopes of saving their demerit points.

The amount of the fine imposed rarely seems to be an obstacle and in fact one person not too long ago commented on how she needed to save her points because of the rising cost of insurance, yet because the officer who gave her the ticket was so nice and gave her a bit of a break, she didn't want to annoy him by applying for a court date.

Having the right to dispute charges laid against us, regardless of the severity, lies at the heart of our democratic society.

Everyone who is wrongfully or erroneously accused of an offence has the right to a fair and impartial hearing or in other words, have their day in court.

That being said, not everyone can stand up in court with the confidence of a Perry Mason or, for those too young to remember the television series starring the painstaking Mr. Mason, a Johnny Cochrane.

For those folks who still wish to be heard, but don't want to do the speaking, I suggest retaining the services of a competent paralegal or lawyer for the more serious cases. Your case can be articulated in a clear manner utilizing a defence strategy supported perhaps with law-based arguments.

So what happens next when one receives a traffic ticket?

Well, the offending driver or owner is immediately faced with three options.

The first is to pay the set fine thereby waiving the right to dispute the charge. Make no mistake, by paying the ticket, one is admitting guilt and the ministry will automatically assess demerit points if applicable.

The next option is to apply for a court date to defend the charge.

By doing so, a trial date will be set and the defendant or his/her agent must appear in court before a Justice of the Peace who will ultimately decide guilt or innocence based on the presentation of evidence from both sides, including the police officer.

The final option deals with the question at hand, pleading guilty with an explanation.

Selecting this option will still require an appearance at a traffic court either in person by the defendant or by way of an appointed agent, paralegal or counsel within the dates and times noted on the ticket.

A guilty plea is entered on behalf of or by the defendant and an opportunity is afforded to explain the circumstances in a very informal setting, sometimes one-on-one before the justice.

A conviction is registered and a fine assessed that oftentimes is less than the original set fine on the ticket. Be forewarned, though, the justice has no jurisdiction over demerit points and anyone choosing this option must be aware the ministry will automatically assess points once a conviction is registered unless the guilty plea is to that of a lesser charge, for example reducing a speeding charge to 15 kilometres or less over the posted limit.

So while we reserve the right to defend ourselves, we must also be aware of the options.

And even though a police officer may have been nice at the time the ticket was issued, that pleasant meeting should not sway anyone from choosing the option best suited to their needs.