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Got a ticket and now I am freaking out... Please help me
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PostPosted: Wed Jul 29, 2015 4:44 pm 
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Joined: Wed Jul 29, 2015 4:32 pm
Posts: 5
So I was driving South on Dufferin Street on a 24/7 Bus Lane... Close to Downsview Station I believe.
I HAD NO IDEA it was a 24/7 bus lane, I was late for work and I didn't notice. I always follow the rules, it happens that once I may not notice something.
The officer told me he will give me a Toronto By-Law Municipal Ticket which was two white large pages as opposed to those small tickets we all know.
He said that this ticket does not go on the record and that I just need to pay the $115 and that's it.

I am still worried it will be traceable by my Insurance company. Has anyone ever gotten this ticket:

DRIVE NON-DESIGNATED VEHICLE IN DESIGNATED LANE
TORONTO MUNICIPAL CODE CHAPTER 950
Sect. 950-503d(1)


I don't care to fight it IF it does not go on the record and if it will not haunt me in the future. So long as I ONLY need to pay the fine fee which is $115 and THAT'S IT.
Please let me know if this ticket increases the Insurance Premium and if it may go on the record (even though the police officer said it wouldn't).

I am just taking a precaution guys, sorry I am freaking out like a little pansy but I am in no financial condition to be paying an insurance premium increase. I need to know if this offence goes on the record.


Thank you so much for reading my post.


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Re: Got a ticket and now I am freaking out... Please help me
PostPosted: Wed Jul 29, 2015 7:52 pm 
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Joined: Wed Jul 29, 2015 4:32 pm
Posts: 5
I am not sure how to edit my post but I also found this article and it says:

There are no demerit points attached to violating a bylaw, but Kealey warns there could be a hit to your auto insurance if your insurer catches wind of the offence. - See more at: http://www.newstalk1010.com/news/2015/0 ... lelT3.dpuf


Also it says the ticket is $85 but mine is $115. Maybe it's not the same ticket? I wasn't on the Highway... It's been a week since I got the ticket and I really need to know what to do. I really don't want an insurance premium increase, I don't want this to be on my record. What should I do? I also drove 19 KM over the speed limit and he said he will let this go and just gave me the by-law ticket. My friend said that If I got to court, even if the officer shows up, he cannot charge me with an offence he didn't charge me with if it's been over 30 days. I told him that he has a video of me confessing to it and apologizing but he said that it has nothing to do with evidence and that after 30 days he has no right to give me that ticket.

I will go to court if I have to but I don't want to go to court if the insurance premium isn't going to increase and if the ticket will not go on the record.


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Re: Got a ticket and now I am freaking out... Please help me
PostPosted: Wed Jul 29, 2015 10:13 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
A few issues here, he has up to 30 days to issue you a Part I provincial offence notice; however, he has up to six months to issue you a summons for speeding +19km/hr. Don't get these two mixed up, you're not out of the woodwork until 6 months has elapsed from when the alleged speeding offence was committed. There are members on this board that have been issued a summons afterward: post36978.html

I talked to Siobhan Morris about the insurance aspect, and Staff Sgt. Devin Kealey is basically blowing smoke. Before this article was written, TPS and CityofTO were announcing that using their HOV lanes contravened the Highway Traffic Act fines were $110 and 3 points. It wasn't until Siobhan Morris looked into it, that they had to back pedal and say it's a $85 by-law ticket to use CityofTO HOV lanes.

Your insurance companies can not use by-law tickets in order to increase your insurance premiums. The only people who can see it are those with access to the ICON system and some police agencies.

If you received a by-law ticket for a prohibited turn. Then two demerit points could be added to your driver's license. Even then, your insurance company doesn't care about points they're only interested in HTA, CAIA, Criminal Code convictions. http://assets.ibc.ca/Documents/Brochure ... FAQ-ON.pdf

__________________________________________

I believe your ticket may have a fatal error with respect to the fine. Go to City of Toronto Code Chapter 950 and check page 47.

I can't seem to fine the set fine for § 950-503D(1) but this a tweet from @TPSmotorsquad: https://twitter.com/TPSmotorsquad/statu ... 9578593280

It's consistent with the article that you've posted and CBC Video with Clint Stibbe

I believe the fine on your ticket is incorrect. It should be $85, I believe this is a fatal error.

I would investigate with CityofTO by-law to find out what the correct fine is for this offence.

__________________________________________

Then it's up to you whether you want to go the London v. Young forced fatal error route for this by-law ticket. IMO I think you should, $115 or $85 is still a lot of money, but it depends on how much your time is worth appearing in court for one-day if you're forced to appeal.

Appeal Process: topic5412.html#p30086
Appeal Form: http://www.niagararegion.ca/living/prov ... A-0201.pdf


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Re: Got a ticket and now I am freaking out... Please help me
PostPosted: Wed Jul 29, 2015 11:32 pm 
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Joined: Wed Jul 29, 2015 4:32 pm
Posts: 5
iFly55 wrote:
A few issues here, he has up to 30 days to issue you a Part I provincial offence notice; however, he has up to six months to issue you a summons for speeding +19km/hr. Don't get these two mixed up, you're not out of the woodwork until 6 months has elapsed from when the alleged speeding offence was committed. There are members on this board that have been issued a summons afterward: post36978.html

I talked to Siobhan Morris about the insurance aspect, and Staff Sgt. Devin Kealey is basically blowing smoke. Before this article was written, TPS and CityofTO were announcing that using their HOV lanes contravened the Highway Traffic Act fines were $110 and 3 points. It wasn't until Siobhan Morris looked into it, that they had to back pedal and say it's a $85 by-law ticket to use CityofTO HOV lanes.

Your insurance companies can not use by-law tickets in order to increase your insurance premiums. The only people who can see it are those with access to the ICON system and some police agencies.

If you received a by-law ticket for a prohibited turn. Then two demerit points could be added to your driver's license. Even then, your insurance company doesn't care about points they're only interested in HTA, CAIA, Criminal Code convictions. http://assets.ibc.ca/Documents/Brochure ... FAQ-ON.pdf

__________________________________________

I believe your ticket may have a fatal error with respect to the fine. Go to City of Toronto Code Chapter 950 and check page 47.

I can't seem to fine the set fine for § 950-503D(1) but this a tweet from @TPSmotorsquad: https://twitter.com/TPSmotorsquad/statu ... 9578593280

It's consistent with the article that you've posted and CBC Video with Clint Stibbe

I believe the fine on your ticket is incorrect. It should be $85, I believe this is a fatal error.

I would investigate with CityofTO by-law to find out what the correct fine is for this offence.

__________________________________________

Then it's up to you whether you want to go the London v. Young forced fatal error route for this by-law ticket. IMO I think you should, $115 or $85 is still a lot of money, but it depends on how much your time is worth appearing in court for one-day if you're forced to appeal.

Appeal Process: topic5412.html#p30086
Appeal Form: http://www.niagararegion.ca/living/prov ... A-0201.pdf



Thank you so much for this super informative reply. God bless you!
So if I understand correctly, you are saying that this ticket WILL NOT increase my insurance premium 100% and will not be on my driving record (only on police systems) but insurance companies will never know about it?
You are also saying that this ticket may have a fatal error on it because the price doesn't seem to be correct and some other info was not found on that section?
Is there any additional info I should share from my ticket on this post?

I hope I understood you correctly. Once again thank you very much for you insight on the matter.


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Re: Got a ticket and now I am freaking out... Please help me
PostPosted: Thu Jul 30, 2015 11:41 am 
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Joined: Wed Jul 29, 2015 4:32 pm
Posts: 5
Maybe it is $85 ONLY if it's on the Highway? In my case I was on the regular Dufferin road. Could that be the reason for a different ticket price? Also the lane I was driving on was a 24/7 bus lane, not just between certain hours.
Even if this is a mistake and this ticket needs to be VOIDED. I am still worried about challenging the Officer because he could charge me with the Speeding offence he didn't charge me with the first time.

I think I should just pay it and drive more carefully from now on. So long as this ticket isn't going on the record and will not affect Insurance Premium, I am happy.


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Re: Got a ticket and now I am freaking out... Please help me
PostPosted: Thu Jul 30, 2015 5:11 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
I don't believe the fine is different depending on the location, it should be an $85 fine whether you're in HOV, Bus, Bike, Motorcycle Lane.

I would contact the City of Toronto by-law office to double check.

If you just want to get this over with, you can pay the ticket. By-law tickets will not affect your insurance premiums. You can even contact your provider and inquire about this.


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Re: Got a ticket and now I am freaking out... Please help me
PostPosted: Thu Jul 30, 2015 8:17 pm 
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Joined: Wed Jul 29, 2015 4:32 pm
Posts: 5
iFly55 wrote:
I don't believe the fine is different depending on the location, it should be an $85 fine whether you're in HOV, Bus, Bike, Motorcycle Lane.

I would contact the City of Toronto by-law office to double check.

If you just want to get this over with, you can pay the ticket. By-law tickets will not affect your insurance premiums. You can even contact your provider and inquire about this.



This is all I wanted to know. I was told by many that By-Law tickets don't go on the record and don't affect insurance premiums but the police officer in the article said it does, guess he wanted to inflict fear in people?
Anyway, I will just pay this, if I contact the city and other departments, it may start a paper trail which isn't good, I want this to be gone.

Once again thank you so much for putting my mind at ease.


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