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Ontario Highway Traffic Act

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124hm/h in a 90...Ticketing errors???
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PostPosted: Mon Nov 02, 2009 8:36 pm 
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Location: Renfrew, Ont.
I have read a very large number of posts. Some indicating a direction, some contradicting said direction...So I thought I would post my questions and see what I get for answers...

On Oct 17th got nailed doing 34km over, on my way to my wedding no less.

I was nabbed by an aircraft on Hwy 17e in Renfrew. Either way, issuing Officer said he couldn't do anything in the way of leniency because it was the Aircraft Officer who actually got me.

Either way, I didn't take any action, which means today is past my 15days, this in itself may prohibit any actions.

So, as I see it there are two potential issues with my ticket. The first one is inaccurate Fine details. Someone suggested case law that indicated a JP threw out several tickets where the fine amount was inaccurate, where the accused did NOT take action on the ticket. At 34 over, by $7 per km I should have seen a base fine of $238, I was fined $204, the ticket clearly indicates I was doing 124 in a posted 90. Is this beneficial to me?

2nd the ticket does NOT indicate ANY vehicle details, a plate number but NO descriptive information of my vehicle. Is this beneficial?

Answers to the 2 questions plus some direction with regard to the fact that it is day 17 would be great...

I must admit the stumbling on this site has been a great resources. I can't believe the depth of some of your knowledge...Here's hoping that knowledge can help me...

Thanks in advance.

T.


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PostPosted: Mon Nov 02, 2009 8:59 pm 
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Location: In YOUR rearview mirror!
30-49km over is $6 per km over = $204.00 + surcharge of $50 (guessing) for a total of $254.00

There is only a location for a licence plate on the offence notice, no make/model.

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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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PostPosted: Mon Nov 02, 2009 11:57 pm 
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Location: Renfrew, Ont.
Nuts!!!

However, using the information found at the following which appears to be the latest enactment... URL:http://www.canlii.org/en/on/laws/stat/rso-1990-c-h8/latest/rso-1990-c-h8.html#BK192

I thought I might have a claim, or a hope in H*LL...

Penalty

(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,

(a) is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;

(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and

(d) is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (7).


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PostPosted: Tue Nov 03, 2009 7:28 am 
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Location: In YOUR rearview mirror!
malakia2966 - the courts do not go by the current HTA, they use an approved list of set fines.

to find that....google "ontario court of justice"
go to "set fines"
go to "set fines I"
go to "Highway Traffic Act"
scroll all the way to the 2nd last page and schedule B, for speeding is there.

Maybe one of the court gurus on here will know why the courts use a different fine amount for speeding....I forget

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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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PostPosted: Tue Nov 03, 2009 11:50 am 
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Joined: Mon Sep 08, 2008 8:26 pm
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Location: Toronto
malakia2966, the courts did throw out tickets with an incorrect fine amount where the defendant did not respond. Those cases included ones like London v. Young, City of Barrie v. Porter, City of Sudbury v. Leikermoser, etc. Of course, there's a catch: As hwybear was saying, the set fine used on the tickets is different than the statutory amounts in the Highway Traffic Act.

The Chief Justice of Ontario creates the set fines. Under the Provincial Offences Act, which (more or less) governs the proceedings, your ticket could have a fine amount of anywhere from $0 to $500. The set fine was created to reflect what the average motorist would expect to pay upon conviction by a JP, because the JP has discretion to raise or lower the fine. So, they figured out what the average would be, and created the set fines - but, when the ticket is written, the set fine and total payable must be correct and proper. hwybear already provided a link to the set fine amounts so no point in repeating it.

It looks like your fine is correct. If you want to attempt to plea bargain or fight the ticket, we can provide some guidance, but unfortunately the option of "forcing the fatal error," so to speak, is not available this time.


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PostPosted: Tue Nov 03, 2009 11:51 am 
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Location: Renfrew, Ont.
Harumph!!!!

Well, a "Thanks" is in order, although you're kill'in me with your accurate information... :x

Just kidding, thanks Bear.


T.


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PostPosted: Tue Nov 03, 2009 11:54 am 
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Location: Renfrew, Ont.
Radar, is there anything I can do to get a court date now that I am more than 15 days post infraction? Maybe I roll the dice and hope the Officers don't show or the prosecutor offers a deal.

Also, do both Officers need to attend? The one in the plane and the one on the ground? As the Officer who gave me the ticket said, he didn't see me speed, he follows the direction of the officer in the plane.

Thanks,

T.


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PostPosted: Thu Nov 05, 2009 12:16 am 
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Both officers will need to be present.

Call the courthouse and see what's happened. There is a possibility that you may be able to get the case re-opened if a conviction has been entered due to not responding to the charge, but I can't promise anything. It's worth a shot, though.


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PostPosted: Wed Dec 02, 2009 8:06 am 
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you MAY get lucky and one of the two cops dont show. in that case, it probably would get withdrawn.

thats a scenario that may play out--if both show---well; different story.


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