Incorrect Set and total Payable fine... Fatal error ?

akhan1
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Incorrect Set and total Payable fine... Fatal error ?

by: akhan1 on
Sun Dec 06, 2015 4:06 pm

Hi,

Hoping I can get some advice on the following situation:

Just got a speeding ticket today (December 6th 2015) in Mississauga near terry fox and eglinton. I was told by the officer that I was doing 84km in a 50km. I didnt say anything, just presented my licence and registration. He came back and said, and I quote "I will give you a concession. You were 34km above limit, which comes with 4 demerit points and $250+ fine. I will make it just 15km over, which has no points, and set fine of $52.50" I took the ticket and he drove off.... After reaching home, I saw the ticket more carefully, and i noticed that even though he got the set fine ($37.5) and total payable ($52.50) correct (google tells me that is the fine for going 15km over limit), under the "did commit the offence of" he wrote "speeding 75km in a posted 50 om zone"..... instead of writing 65kmh........ given that he specifically mentioned the fine of $52.50 and said I wont get any demerit points (not true for being 25km over), I am pretty sure the office just made a mathematical error...

question.. is this a fatal error ? should I appeal and fight in court ? or simply do nothing as many have suggested for fatal errors (if this is one)...

will appreciate your thoughts/comments on this...


jsherk
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by: jsherk on
Sun Dec 06, 2015 6:18 pm

If the charge indeed does say 75 in a 50, and the set fine is incorrect, then this is a fatal error! I am not sure what the correct set fine for 25 over is, but if it is not $37.50 then it is a fatal error. Congratulations.

So if it is a fatal error, then do not do anything. Do not mail the ticket in and do not choose an option on the back and do not pay it. Simply put the original ticket away in safe place (maybe scan both sides and email it yourself as well).

When the JP gets the ticket, they should drop the charge because there is a problem with it. However sometimes the JP will mess up and not notice the error and convict you. If you do get convicted, then you want to file an APPEAL for an error at law. You then show up to APPEAL date with your original ticket and show the Judge the error and it will get dropped.
+++ This is not legal advice, only my opinion +++


akhan1
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Joined: Sun Dec 06, 2015 3:59 pm

by: akhan1 on
Mon Dec 07, 2015 2:03 pm

Thanks a lot for the quick response, appreciate the feedback.

Looking at both the below,

http://proffer.ca/chart-speeding-ticket ... kilometer/

http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/


its seems that he definitely gave me the set fine for "15km" over (as he said he wanted to) but still wrote 75km in a 50km zone (which carried a fine of $118.75)

I guess the next step is to do nothing and just wait for this to move through the system... :)

thanks for your reply again.


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