Appeal date coming up-Wrong set/total fine (London vs young)

alikhan
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Joined: Tue Aug 16, 2011 10:09 am

Appeal date coming up-Wrong set/total fine (London vs young)

by: alikhan on
Thu Apr 14, 2016 12:04 am

Hi,

Hoping you guys can assist me with an upcoming appeal date (April 15th). The short story is that I got a speeding ticket in December 2015. I was doing 84KM/H in a 50KM/H. The cop said he will give me a reduced fine of 15km/h over. He wrote the ticket and we both went our ways. When I reached home, I realized that, probably due to bad maths, he wrote "75km/h in a 50 km/h zone". When really according to his words, he should have written "65km/h in a 50km/h zone". However, despite writing "75km/h" he still gave me the fine for being 15km/h over, which was $37.5 set fine and $52.5 total payable. Since these were the wrong fines, I decided to do nothing, i didnt appeal nor pay, hoping to get the ticket quashed based on London vs young. Unfortunatelty, I was convicted in absence. I appealed and have my appeal date in the next 2 days. Also, when I filed the appeal, the clerk gave me copies of all the relevant documents, and in that I noticed that she had a copy of my ticket, however in this version someone had striked out "75km/h" and wrote 65 beside it (note, my copy of the ticket DOES NOT have this handwritten correction)

question:

1) Other than case law transcipt, do I need to take anything to the appeal court ?
2) does this altered copy of a ticket, helps my case in anyway or not ?

thanks in advance..


jsherk
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by: jsherk on
Thu Apr 14, 2016 8:52 am

The officer can't change the ticket after serving it on you. He would have to actually cancel the first one he gave you and then issue a new one. So this all works in your favour as well.

Maybe somebody else on the forum can offer specific case law or regulations, but basically just show up with the original ticket you got and say that the set fine and total payable were incorrect based on the ticket the officer gave you, which was for 75 in a 50 and not 65 in a 50.
+++ This is not legal advice, only my opinion +++


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