Got my first careless charge laid by the OPP. I don't think I will have any trouble defending the actual charge. But the officer put in a set fine of 400.00 with a total payable of 485.00. As well my notice of trial also states total payable of 485.00. If the set fine was wrong, it's my understanding that that is grounds to have the charge dismissed. Would that also apply to the total payable error?
Thanks in advance for any help with this.
I havent really seen a definitive answer when the error only applies to the total payable and not the set fine. If I recall correctly, one poster reported trying to appeal such an error when his ticket went through but was unsuccessful. Not sure if thats actually based on case law or just back luck in Court.