Possible Fatal Error on my Speeding Ticket

omhush
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Possible Fatal Error on my Speeding Ticket

Unread post by omhush on

So here is my situation, I was accused of speeding 127 km/h in a 100 km/h zone.

My ticket says contrary to "Highway Traffict Act #128". Set fine calculated by the officer is $101.25 ( $3.75/km). Plus $30 for court charges and Victim charges to a total of $131.25.

However, according to section 128 i should be paying 27 x $4.5/km = $121.50 + Plus $30 for court charges and Victim charges to a total of $151.50.

The officer, even though mentioned on the ticket section 128, calculated the fine under Sec 43 of Ontario Court of Justice.

Is this a fatal error?


Stanton
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Unread post by Stanton on

The fine is actually correct. The Ontario Court of Justice has different set fines for speeding then what's shown in the HTA. You can see them here: http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/

So for 20-29 km/hr over the fine is $3.75 per km over. So 27*$3.75 = $101.25. Add a $25 surcharge and $5 court costs, you’re at $131.25.


omhush
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Unread post by omhush on

Thank you for your reply. Isn't it considered as incorrect citation of the act by the police officer? $3.75 is under section 43 of Ontario court of justice, not under section 128 of Highway traffic act.

Shouldn't he have quoted section 43 rather than 128??

Thanks!


Stanton
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Unread post by Stanton on

Nope. You're still charged under the Highway Traffic Act, so the section listed on the ticket is correct. Schedule 43 has nothing to do with the actual offence, it's just a list of set fines for out of Court settlements. If you went to trial and were convicted your fine could be calculated using the higher H.T.A. values, but you get a slight break with the set fine.


omhush
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Unread post by omhush on

Thank you Stanton! I am disputing the ticket. This is my first ever experience and I couldn't find any info on Google. Can I mail my ticket with Option 3 selected or do I have to show up in person to dispute it and request a trial date? Also, if I can mail it, do I mail the original or a copy and keep the original with me?

Thanks again!


daggx
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Unread post by daggx on

omhush wrote:Thank you Stanton! I am disputing the ticket. This is my first ever experience and I couldn't find any info on Google. Can I mail my ticket with Option 3 selected or do I have to show up in person to dispute it and request a trial date? Also, if I can mail it, do I mail the original or a copy and keep the original with me?

Thanks again!
This depends on what jurisdiction you got the ticket in. Some places allow you to mail in a not guilty plea, others require you to appear in person at their office. The fine print on the back of the ticket should tell you which procedure the area you got tagged in uses.


omhush
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Unread post by omhush on

So I mailed in the plea for not guilty. Jurisdiction is Northumberland County. I received notice of resolution meeting from Provincial Offence Office.

I wanted to find out whether it's appropriate to request disclosure now or will the prosecutor have the evidence with him that I can see once i'm there? I would like to see the evidence against me before I can decide whether to accept his/her offer or not.

Thanks!


287
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Unread post by 287 on

Hello,

I had no problem getting disclosure while waiting for an Early Resolution meeting to come up. It was ready within a day for pick up.


daggx
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Unread post by daggx on

I would say go ahead and file your disclosure request now, that way it should be ready for you to review before your meeting.


omhush
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Unread post by omhush on

Great! Thanks guys! I still have more than a month left. They shouldn't have any problem getting it for me in that time. Will fax it in tomorrow morning.

Thanks again!






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