i got a speeding ticket yesterday 110 km/hr in a posted 80km/hr zone
there is no set fine or no total payable written in
what should i do
thanks
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swissgaurd
- Newbie
- Posts: 3
- Joined: Sun Nov 11, 2012 8:35 pm
No set fine,no total payable
i got a speeding ticket yesterday 110 km/hr in a posted 80km/hr zone there is no set fine or no total payable written in what should i do thanks
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tdottopcop
- Member
- Posts: 138
- Joined: Fri Sep 30, 2011 8:42 am
Re: No set fine,no total payable
Select Option 3 and the ticket should be quashed. If you are given a court date, attend and point out the mistake on the ticket. This does not mean you are necessarily 'scott free'.... you may be issued another ticket by the officer upon discovering his mistake. But hopefully not.
Select Option 3 and the ticket should be quashed.
If you are given a court date, attend and point out the mistake on the ticket.
This does not mean you are necessarily 'scott free'.... you may be issued another ticket by the officer upon discovering his mistake. But hopefully not.
No, I am not the chief of Toronto Police.
No, I do not work for Toronto Police...
... it is just a name folks
No, I do not work for Toronto Police...
... it is just a name folks
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swissgaurd
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- Joined: Sun Nov 11, 2012 8:35 pm
Re: No set fine,no total payable
i dont realy like taking risks like that could i just not go to the courthouse with option 2 and hope the jp quashes it worse part is im in mississauga and ticket is in peterborough could i resolve this in mississauga courthouse
i dont realy like taking risks like that
could i just not go to the courthouse with option 2 and hope the jp quashes it
worse part is im in mississauga and ticket is in peterborough
could i resolve this in mississauga courthouse
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Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
Re: No set fine,no total payable
If you choose option 2, the JP will not quash the ticket. You are pleading guilty with an explanation, so you'll take whatever fine they give you plus the associated demerit points. That would basically be saying: "I'm guilty... but please throw out the charge." No. If you can't attend, get a paralegal to represent you. Actually... if you go in there on the day of trial, they can fix the mistake of no set fine. But if you default and don't appear when given a trial date, the "London v. Young procedure" takes over, so if you get convicted, you'd appeal it based on the ticket having a fatal error, and then the ticket would be quashed. The procedure doesn't make sense, in that a fatal error should result in the ticket being thrown out regardless, but that's not how the Provincial Offences Act was written...
If you choose option 2, the JP will not quash the ticket. You are pleading guilty with an explanation, so you'll take whatever fine they give you plus the associated demerit points. That would basically be saying: "I'm guilty... but please throw out the charge."
swissgaurd wrote:
could i resolve this in mississauga courthouse
No. If you can't attend, get a paralegal to represent you.
tdottopcop wrote:
If you are given a court date, attend and point out the mistake on the ticket.
Actually... if you go in there on the day of trial, they can fix the mistake of no set fine. But if you default and don't appear when given a trial date, the "London v. Young procedure" takes over, so if you get convicted, you'd appeal it based on the ticket having a fatal error, and then the ticket would be quashed. The procedure doesn't make sense, in that a fatal error should result in the ticket being thrown out regardless, but that's not how the Provincial Offences Act was written...
* 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
http://www.OntarioTicket.com OR http://www.OHTA.ca
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swissgaurd
- Newbie
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- Joined: Sun Nov 11, 2012 8:35 pm
Re: No set fine,no total payable
so pick option 3 dont show up ticket gets quashed
so pick option 3
dont show up
ticket gets quashed
Re: No set fine,no total payable
Don't even bother selecting option 3, do nothing and let the ticket go into default. Once the ticket goes into default it will be sent to JP who will review it, if the ticket is correct and regular on its face the JP is supposed to impose the set fine on the ticket. If the ticket is not correct and regular on its face the JP is supposed to quash the ticket. Since yours is not correct and regular on its face it should get quashed, if it doesn't you have good grounds for appeal as set out in the London vs. Young case.
swissgaurd wrote:
so pick option 3
dont show up
ticket gets quashed
Don't even bother selecting option 3, do nothing and let the ticket go into default. Once the ticket goes into default it will be sent to JP who will review it, if the ticket is correct and regular on its face the JP is supposed to impose the set fine on the ticket. If the ticket is not correct and regular on its face the JP is supposed to quash the ticket. Since yours is not correct and regular on its face it should get quashed, if it doesn't you have good grounds for appeal as set out in the London vs. Young case.
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