Penalties for speeding

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Reflections
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Unread post by Reflections on

One of my law teachers told us one of the "fatal flaws" is the fine amount. If it is not the same as perscribed in the law, the ticket will not stand. He mentioned it kind of in passing as most of the class was not into hearing the long winded reasoning. Maybe, a poor choice of wording on my part.
I beat a ticket due to this. :D

I think I'll try to be clearer in the future.
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klayymann
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Unread post by klayymann on

Ontario HTA 128 sub 14 b ) between 20km and 35 km the set fine is 4.50 per km, I was doing 21km over my set fine should be $94.5 but on the ticket shows set fine of 78.75, is this grounds to nullify the ticket??


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Unread post by Reflections on

klayymann wrote:Ontario HTA 128 sub 14 b ) between 20km and 35 km the set fine is 4.50 per km, I was doing 21km over my set fine should be $94.5 but on the ticket shows set fine of 78.75, is this grounds to nullify the ticket??
I'm not 100% on a low amount being fatal, but a high amount definetly is. Try challenging the the ticket and see what happens. Are you planning on a challenge anyway??
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Unread post by hwybear on

There are set fines put out by the government and they are actually a little lower than typed in the HTA. I don't know the reasons, but the lower fines are accepted Province wide and the one listed in the HTA are not.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Unread post by Reflections on

hwybear wrote:There are set fines put out by the government and they are actually a little lower than typed in the HTA. I don't know the reasons, but the lower fines are accepted Province wide and the one listed in the HTA are not.
And you wonder why these forums exist :D :D :D .
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Unread post by hwybear on

Reflections wrote:
hwybear wrote:There are set fines put out by the government and they are actually a little lower than typed in the HTA. I don't know the reasons, but the lower fines are accepted Province wide and the one listed in the HTA are not.
And you wonder why these forums exist :D :D :D .
Yes Dammit....I want to pay a higher fine :shock: I deserve it :D
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Unread post by klayymann on

Yes , i am definately fighting this and have pleaded not guilty, i have six months till a trial is set. if my ticket is issued contrary to HTA 128 then the set fine according to the HTA subsection 14 should apply. this may be my only defence beside questioning the cop about his use of the laser radar.


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Unread post by hwybear on

klayymann wrote: laser radar.
There is no such thing!
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


klayymann
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Unread post by klayymann on

Sorry Bear, i meant LIDAR, I think,
In this case the speed trap was hidden and the "wonderful" officer was behind a speed detector on a tripod.
i will do some research in order to come up with questions for the officer.
this roadway was 4 lanes deep going down a steep hill and i was just changing into the fourth lane when he pointed to me and stopped the rest of the cars so i could make it to the curb, i am doubtful it could have been me, but i was following traffic, i would want to know the size of the beam from his position. i did ask him where he "caught" me and he said at the bottom of the hill.


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Unread post by klayymann on

ok, more research.
i get hit doing 81 in a 60 zone.
21 over
anywhere between 16-25 3 demerits
so why does the cop charge me no questions asked at 21, i take the hit anyway with demerits at 16, so why not just charge me at 16, i know according to the HTA the set fine per km is different, but it doesnt matter anyway because the fine i actually get doesnt reflect the penelty under the HTA.
hmmmm, glad i plead not guilty!!
hopefully by trial i will have found info pertaining to this difference in set fine and have a case, wether high or lower it does not corrospond to the setfine as per 128 HTA.


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hwybear
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Unread post by hwybear on

klayymann wrote:Sorry Bear, i meant LIDAR, I think,
No problem.....we actually have several members who don't use the equipment on a regular basis saying things like that.....it is either one OR the other (radar or laser) (laser is also called LIDAR) and those are actually acronyms anyway!
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Unread post by Reflections on

hwybear wrote:
klayymann wrote: laser radar.
There is no such thing!
Stop being SASSY, Bear :D
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Unread post by hwybear on

Reflections wrote:
hwybear wrote:
klayymann wrote: laser radar.
There is no such thing!
Stop being SASSY, Bear :D
Sorry, I'll go back to the honey jar and get some sweetness! That is actually very mild as compared to how I talk to co-workers when they say that.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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Unread post by Reflections on

I would hope your co-workers know the difference. :D
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Unread post by momoney on

Just got a ticket - 120km in a 90 km -- that one KM extra doubles my fine and give an extra point.

This was a speed trap - going from 100 down to 90 - with one officer on the bridge and several cruisers waiting to pull people over. I'm not sure if they were using radar or laser as the officer came to my passanger side to avoid traffic and I could barely hear anything she was saying.

The officer said that it was against her policy to reduce roadside but I could got to court and the judge would!?!?!?

This was a little frustrating but okay. My question is:

1) If I fight the ticket and lose, do I get charged court costs or anything additional?

2) On the ticket there is only one officer's name at the top (I'm assumeing last name) Do both officers names need to be on the ticket? and will both officers need to come to court?

Any help would be appreciated.






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