Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 10 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

99km in 80km zone, Construction area not indicated on ticket
Author Message
PostPosted: Fri Oct 03, 2014 11:54 am 
Offline
Newbie

Joined: Fri Oct 03, 2014 11:48 am
Posts: 17
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.


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Fri Oct 03, 2014 12:59 pm 
Offline
Newbie

Joined: Fri Oct 03, 2014 11:48 am
Posts: 17
Just did a little bit of research and according to this link http://www.ontariocourts.ca/ocj/how-do-i/set-fines/set-fines-i/schedule-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.


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Fri Oct 03, 2014 3:10 pm 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
This appears to be a fatal error. You'll have to go through London v. Young procedure and force a fatal error by not showing: http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK10

If you show up to court, they will amend any & all issues on the ticket it in front of you: http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK50


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Fri Oct 03, 2014 3:39 pm 
Offline
Newbie

Joined: Fri Oct 03, 2014 11:48 am
Posts: 17
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?


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Fri Oct 03, 2014 3:54 pm 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
I would maybe wait for other members to chime in here and confirm the lack of 'Workers Present' constitutes a fatal error.

If the JP fails to quash it, you would have to appeal it. You can find more information here: topic5412.html#p30086

Form: http://www.niagararegion.ca/living/prov ... A-0201.pdf


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Fri Oct 03, 2014 7:04 pm 
Offline
Sr. Member
User avatar

Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
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.


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Sat Oct 04, 2014 4:10 pm 
Offline
Newbie

Joined: Fri Oct 03, 2014 11:48 am
Posts: 17
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"?


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Sat Oct 04, 2014 5:14 pm 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
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.


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Sun Oct 19, 2014 10:39 am 
Offline
Newbie

Joined: Fri Oct 03, 2014 11:48 am
Posts: 17
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?


Top
 Profile  
 
Re: 99km in 80km zone, Construction area not indicated on ti
PostPosted: Sun Oct 19, 2014 3:35 pm 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
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.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 10 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Speeding - 99km in an 80km zone

Machiavelli

5

1054

Thu Aug 04, 2011 10:32 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Speeding Ticket in Construction Zone

spp

4

3023

Mon Dec 10, 2012 9:30 pm

spp View the latest post

There are no new unread posts for this topic. Can OPP from another zone give a ticket out of their area?

jason555

4

627

Fri Sep 25, 2015 9:54 pm

Stanton View the latest post

There are no new unread posts for this topic. Reduced Construction Zone Ticket - Disclosure Attached

Watchme

4

401

Thu Jan 05, 2017 11:32 am

OTD Legal View the latest post

There are no new unread posts for this topic. 36 over in construction zone

jch

3

930

Wed Jan 29, 2014 2:13 pm

srp353 View the latest post

There are no new unread posts for this topic. 135 in an 80(construction zone)

nrg70

4

1500

Sun Jun 07, 2009 10:53 pm

racer View the latest post

There are no new unread posts for this topic. Construction Zone - No Workers Present

jessicafrog

2

1934

Tue Aug 06, 2013 5:27 pm

bend View the latest post

There are no new unread posts for this topic. 401 Construction Zone east of Windsor

amcamx

0

1010

Tue Sep 08, 2009 10:32 am

amcamx View the latest post

There are no new unread posts for this topic. HELP! Speeding in construction zone told on camera

argbear

1

435

Thu Apr 30, 2015 7:42 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Construction zone - no speed limit posted

christoph2

5

394

Wed Jun 28, 2017 3:30 pm

DCamM View the latest post

There are no new unread posts for this topic. Construction Zone - Sped Up to Allow Traffic In - Speed Trap

gamerzfuse

7

894

Tue Sep 16, 2014 1:24 am

gamerzfuse View the latest post

There are no new unread posts for this topic. Speeding in Construction Zone, Fine Double but No Workers

wwwKris

7

1976

Sat Sep 27, 2014 9:54 pm

iFly55 View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.