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38km/h over on 401 but $228 set fine?
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PostPosted: Wed Sep 05, 2012 5:02 pm 
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Good afternoon, I received a ticket on the 401 near Napanee a few days ago for going 138Km/h in a 100Km/h zone on hwy 401. The set ticket fine is $228 and the total payable is $283. I was doing a bit of reading and the highway traffic act listed price is $7 per km/h over. So is the price on my ticket incorrect? It seems quite high to me. If it is wrong what should my course of action be?
Thanks


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Re: 38km/h over on 401 but $228 set fine?
PostPosted: Wed Sep 05, 2012 5:25 pm 
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Location: Ontario
Your fine sounds correct.

As you said, when you're going 35-49 over, the fine is $6 per kilometre over the limit. So at 38 over, your set fine is $228.

The Government then adds on a victim surcharge fee to fund victims of crime. The fee varies depending on what your set fine is. In your case, for a fine of between $201-$250, the fee is $50. Court costs (kind of like a processing fee) are also added. For a basic ticket, it's $5.

So when you add it all up ($228 + $50 + $5) you should get $283.


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Re: 38km/h over on 401 but $228 set fine?
PostPosted: Wed Sep 05, 2012 5:29 pm 
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Thanks for the quick answer Stanton.


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Re: 38km/h over on 401 but $228 set fine?
PostPosted: Wed Sep 05, 2012 8:55 pm 
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Metal wrote:
Thanks for the quick answer Stanton.


Stanton said $6 you said $7?

It works for $6 but not $7.

Might be worth a look.

Cheers
Viper1

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Re: 38km/h over on 401 but $228 set fine?
PostPosted: Wed Sep 05, 2012 10:19 pm 
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Location: Ontario
Oops, my mistake. I didn't read the OP's post carefully.

Regardless, the fine is still correct. Speeding, for whatever reason, is the one section where the set fines are lower than HTA fines.. For the OP's speed range, the HTA says $7 per kilometre over, but the set fine is $6 per kilometre over.

Here's the Ontario Court of Justice set fines: http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/

Scroll down to near the bottom, speeding fines are under Schedule B


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Re: 38km/h over on 401 but $228 set fine?
PostPosted: Wed Sep 12, 2012 5:51 pm 
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The difference is that one is for the calculation of fines for speeding for the out of court amount indicated on a Part 1 certificate and the other is for the calculation of fines for speeding after a trial. I can't remember off hand which one is which.

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