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Ontario Highway Traffic Act

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"29" over
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PostPosted: Mon Oct 09, 2017 9:43 pm 
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Joined: Mon Oct 09, 2017 9:18 pm
Posts: 12
Hello there,

I received a ticket a few days ago, for "79" (looks a lot like a 5, see image) in a 50.

I was wondering why there are two different set fine amounts? Ontario Courts say 3.75/km, the HTA says 4.5/km for 20-30?
Why the duplicity? Which is correct?

I was under the assumption that the number was a 75, and calculated the set fine to be 93.75 @ 3.75, or 112.5 @ 4.5. Which would make the fines incorrect.
After looking at the ticket again, it is clearly a 9, however; the other 9's on the document have closed loops. (My address, and license number both contain 9's) (See image)

$108.75/3.75 = +29 kmh over
$108.75/4.50 = +24.1 kmh over

It clearly states I contravened the Highway Traffic Act, why would I be given a fine contrary to the penalty described in the HTA, why is the Ontario Court schedule used?

Any advice is greatly appreciated.

(Further, the police officer said I was doing "86", but the ticket says "88 R", kind of confused about all these different numbers.)
(I also have a dash cam that records speed via GPS but have yet to review the footage)


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Re: "29" over
PostPosted: Tue Oct 10, 2017 2:05 am 
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Joined: Mon Oct 09, 2017 9:18 pm
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edit: [redacted Officers badge no.]


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Re: "29" over
PostPosted: Tue Oct 10, 2017 3:52 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 813
I don't think you're going to get any traction saying that is a 5. It's just poor handwriting.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: "29" over
PostPosted: Tue Oct 10, 2017 10:12 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I've never really heard an explanation as to why there is a discrepancy, but police go by the set fine schedule when issuing tickets. If you're convicted at trial, they could then chose to go by the Court set fines.


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Re: "29" over
PostPosted: Tue Oct 10, 2017 1:27 pm 
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Joined: Tue Aug 16, 2016 10:09 am
Posts: 225
The set fine is established by the Courts as the fine payable for a voluntary guilty plea. If a driver is convicted at trial, the JP can impose the set fine or the fine prescribed in the HTA. It's basically an incentive to plead guilty and save the system time and money.


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Re: "29" over
PostPosted: Tue Oct 10, 2017 7:35 pm 
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Joined: Mon Oct 09, 2017 9:18 pm
Posts: 12
Well, that's what you get for pacing 150m behind an OPP SUV.

They travel in packs apparently.


Guess I'll just pay the fine :) TicketDefenders quoted me 350, which would pretty much just be $500 all said and done. I don't see how they could possibly get me off.

How long does the Officer have to input the ticket? I have been looking for it on the pay-tickets website but it is still "not found".


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Re: "29" over
PostPosted: Thu Oct 12, 2017 6:22 am 
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Joined: Fri Jan 08, 2016 1:47 pm
Posts: 70
Eagle88 wrote:
Well, that's what you get for pacing 150m behind an OPP SUV.

They travel in packs apparently.


Guess I'll just pay the fine :) TicketDefenders quoted me 350, which would pretty much just be $500 all said and done. I don't see how they could possibly get me off.

How long does the Officer have to input the ticket? I have been looking for it on the pay-tickets website but it is still "not found".


7 days unless they apply for late filing with a JP. It may be inputted however you just can't view it using payfines


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Re: "29" over
PostPosted: Thu Oct 12, 2017 10:30 am 
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Nanuk wrote:
7 days unless they apply for late filing with a JP. It may be inputted however you just can't view it using payfines


Sounds reasonable.

I have since ventured to hire a Paralegal(MG Legal Services(Leamington/Windsor)) and will do my best to keep you(all) updated as per this matter.


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