99km in 80km zone, Construction area not indicated on ticket

jason555
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99km in 80km zone, Construction area not indicated on ticket

Unread post by jason555 on

Hello, last night I received a ticket on Hwy 401. The offence on the ticket is "Speeding 99Km/hr in a posted 80Km/hr zone". It was a construction zone and there was workers present so my fine was double. The fine is $95.00 and $110.00 payable which is correct....but since the ticket doesn't mention anything about a construction zone or workers present how would the justice know this? Would he just look at the fine and see it's double and assume it's because there was a construction zone and the ticket is good? Or would he look at it and be like why is this ticket doubled and throw it out for being incorrect amount. (Assuming I didn't show up for the trial)

Any advice would be appreciated, I'm going to fight the ticket and request disclosure.


jason555
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Unread post by jason555 on

Just did a little bit of research and according to this link http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/

The wording of my offence on the ticket should be Speeding-Construction Zone-Workers Present, where my ticket only says Speeding. The officer gave me the fine from the schedule for Speeding in a construction zone with workers present with no indication of it on the ticket. I feel like that should be enough to win or at the very least get it reduced to a regular speeding ticket, only question is can they fix the ticket in court if I show up.


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jason555
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Unread post by jason555 on

I'll probably just default the ticket then but what happens if I still get charged for it and the justice doesn't throw it out? Do I then go in and ask for a trial?


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highwaystar
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Unread post by highwaystar on

I would force a fatal error since the set fine is not correct for the charge.

If the offence is just "Speeding" then at 19 over, you should pay:
19 x $2.50= $47.50 (as per schedule B)
+ $10 victim fine surcharge
+ $5 court costs (as per section 1 Reg. 945)
----------------
$62.50 Total Payable

Now, if the offence is "Speeding – construction zone-- worker present", then you should have to pay:
19 x $5.00=$95.00 (as per Schedule F)
+ $20 victim fine surcharge
+ $5 court costs (as per section 1 Reg. 945)
--------------------
$120.00 Total Payable

However, you state that the total payable is recorded as $110. That's not correct either way.

So, even if the JP doesn't catch on to the notion that the offence is not properly set out (which IS a fatal error), they should catch the second fatal error of wrong set fine. After all, neither calculation is correct.

Therefore, I would force the fatal error by not responding to the ticket at all. I wouldn't give the Prosecution any chance to amend the certificate and correct the error(s). Forcing the fatal errors means you don't reply to the ticket at all (i.e. don't request a trial, don't contact the officer or prosecution, etc.).

And, as IFly55 states, if for some reason the JP still convicts you, simply appeal the decision. Undoubtedly, the appeal court will simply quash the conviction.


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Unread post by jason555 on

Thanks for the advice guys, I think i'm going to take my chances and not respond to the ticket.

Are there any police officers or lawyers here that can confirm if the ticket should definitely say "Speeding - construction Zone - workers Present" or would they get away with just listing "speeding"?


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Unread post by iFly55 on

You need to re-read highwaystar's post. The fine is incorrect, so even if the officer wrote "Speeding - construction Zone - workers Present" it would still get quashed.


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Unread post by jason555 on

One last question now that I am past the 15 days I had to respond to my ticket and I am trying to force the fatal error. How will I know if I've been convicted or if the judge squashed the ticket? Will I receive something in the mail? Approximately how long would it take for this to happen? Should I expect something a month later or 6 months later?


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Unread post by iFly55 on

The courts actually have a grace period of 20-30days for defendants to respond. After about 20-30days you should contact the court/ticket-office and inquire about the status of your ticket.

Don't expect anything in the mail, as soon as you're convicted you have a small window to appeal. You have to do your due diligence and stay on top of the status of your ticket.






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