Possible fatal error?

boyd00
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Possible fatal error?

by: boyd00 on
Mon Jun 14, 2010 2:08 am

So here is my situation, I was accused of speeding 87 km/h in a 60 km/h. Officer went to his car came back and said he would reduce it to 75 km/h in a 60km/h and had done so on the ticket.

I've looked at the total payable and it reads 52.50 and a set fine of 37.50

According to section 128 i should be paying 15x3($3 per km) = $45 + $5 court charges + $10 surcharges = $60 but total payable is 52.50.

I'm assuming that instead the officer did 12.5 (km over)x3 = 37.50 + 5 +10 = $52.50. Which means that I would be at 72km in a 60 zone, different from the ticket.

Is this not a fatal error?
Since I would be paying less than I actually should assuming I was doing 75 km in a 60 km zone, or 15 over the speed limit.

Or do fatal errors only apply in cases in which I am paying more than I actually should?


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hwybear
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by: hwybear on
Mon Jun 14, 2010 3:08 am

$52.50 is correct.

The courts use a set fine as approved/published, not what the HTA says.

1-19 kilometres per hour over the maximum speed limit 2.50 per kilometre

to find the above:
http://www.ontariocourts.on.ca/ocj/en/s ... /index.htm
then click on "highway traffic act"
then scroll down to "Schedule B"
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Radar Identified
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by: Radar Identified on
Mon Jun 14, 2010 9:12 pm

hwybear is right - this is not a fatal error. The "set fine" applies if you pay out of court, and in this case, it is correct. The statutory fine (what you were quoting) could apply if you go to trial and lose, depending on the Justice of the Peace... although usually they also just give you the set fine.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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