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Ontario Highway Traffic Act

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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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PostPosted: Thu Dec 18, 2014 5:25 pm 
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Sr. Member

Joined: Sun Jun 22, 2008 3:21 am
Posts: 382
Wait until the JP is done with it. The JP should notice the error on your ticket and quash it, in which case you won't have to do anything. If he misses the error then you can go ahead and appeal using London vs Young.


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Thu Dec 18, 2014 11:14 pm 
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Joined: Sat Aug 13, 2011 10:50 pm
Posts: 42
THANK YOU
DAGXX


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Sun Dec 28, 2014 3:53 pm 
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Joined: Sun Dec 28, 2014 3:22 pm
Posts: 8
Wow this post was very informative as I'm in a similar situation.

My ticket offence says "speeding 75km/h in a posted 50km/h posted zone". However according to the set fine and total payable, there seems to be a discrepancy with the offence and fines.

According to the replies from iFly55, and Stanton, my set fine should be: 25km/h x $3.75 = $93.75. However on my ticket, the set fine is $37.50 indicating the officer was calculating my speeding ticket at 15km/h over the limit (15km/h x $2.50 = $37.50).

Am I able to force a fatal error if I decide to DO NOTHING?

Thanks in advance
(Good luck Joepenoso!)


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Sun Dec 28, 2014 6:36 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
FryDaze wrote:
Am I able to force a fatal error if I decide to DO NOTHING?


Yes, you should be able to. As you've noted, you were incorrectly given a fine for 15 over.


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Sun Dec 28, 2014 10:27 pm 
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Joined: Sun Dec 28, 2014 3:22 pm
Posts: 8
Thank you Stanton! I feel much better about this (it's my first ever ticket).


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Thu Jan 01, 2015 10:35 am 
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Joined: Sat Aug 13, 2011 10:50 pm
Posts: 42
huezang6 wrote:
I understand what you are saying but I think there should be more comments regarding the threat that was initially started so that the pool of thoughts is attracted. Regards.

What does THAT MEAN?


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Mon Jan 05, 2015 1:38 pm 
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Joined: Sat Aug 13, 2011 10:50 pm
Posts: 42
Continuing saga of joepenoso going to Brampton courthouse finding out I was convicted in absentia Dec. 20, 2014. Today I kept telling the court clerk I wanted to appeal and she kept insisting I wanted to reopen the case and go to trial...finally she gave me the papers to appeal and I filled them out. It was a relatively simple 4 page form. I requested motion to waive payment of fines pending appeal and motion to extend time to file an appeal. I cited reasons for this as fatal errors quoting London vs. Young as fine was incorrect for speeding 33 km. over and also defendents ( my) misspelled name. was given back my paper work and sent to the second floor Prosecutions office. I was told to go to 7785 Hurontario Courthouse across the street and file this motion. I was also told the trial will be on March 20, 2015..........WTF? Went to the courthouse and jumped through final hoop and now have to go to trial in two and a half months........any advice?


Thanks In Advance
joepenoso


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Wed Jan 07, 2015 4:40 am 
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Joined: Wed Jan 07, 2015 4:34 am
Posts: 1
To force the fatal error by not responding to the ticket at all. Don't give the Prosecution any chance to amend the certificate and correct the error(s). Forcing the fatal errors means you don't reply to the ticket at all (i.e. don't request a trial, don't contact the officer or prosecution


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Wed Jan 07, 2015 11:44 am 
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Joined: Sat Aug 13, 2011 10:50 pm
Posts: 42
Overeating wrote:
To force the fatal error by not responding to the ticket at all. Don't give the Prosecution any chance to amend the certificate and correct the error(s). Forcing the fatal errors means you don't reply to the ticket at all (i.e. don't request a trial, don't contact the officer or prosecution

The ticket went straight to conviction without contact from me at all........now I am appealing conviction using London vs. Young Fatal Error wrong fine $ on speeding ticket and March 20, 2015 is my (APPEAL) court date in a higher court.
joepenoso


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Mon Jan 12, 2015 11:32 am 
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Joined: Sat Aug 13, 2011 10:50 pm
Posts: 42
When I go to appeal/higher court do I photocopy 2 copies of London Vs Young?

Do I photocopy set fines for speeding 33 km. hr and over?

Any other "GOTCHAS" I have to watch over??
Thanks
joepenoso


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Mon Jan 12, 2015 3:19 pm 
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Joined: Sun Jun 22, 2008 3:21 am
Posts: 382
You will need three copies of both those documents so that you can give one to the judge, one to the prosecutor and keep one for yourself. Also you will want to have the original ticket the cop gave you on hand in case the judge wants to see it.


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Wed Jan 14, 2015 1:41 pm 
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Joined: Sat Aug 13, 2011 10:50 pm
Posts: 42
daggx wrote:
You will need three copies of both those documents so that you can give one to the judge, one to the prosecutor and keep one for yourself. Also you will want to have the original ticket the cop gave you on hand in case the judge wants to see it.

Thanks........daggx, That will come in handy
joepenoso


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Fri Feb 13, 2015 12:14 pm 
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Newbie

Joined: Sun Dec 28, 2014 3:22 pm
Posts: 8
I posted here a couple weeks ago regarding a potential fatal error if I chose to DO NOTHING with my ticket and this is what's happening:

TICKET OFFENCE:
"Speeding 75km/h in a posted 50km/h zone"
Set fine: $37.50
Total payable: $52.50

I just got off the phone with the a clerk at the Owen Sound court house and she said the status of the ticket was "Fail to respond" thus by default I was convicted. The clerk said I needed to pay the fine before being able to appeal. Once the appeal has been sent to the Appeal Division by the Ontario Court of Justice, I will be reimbursed if the appeal is successful.

So my next step is to fill out a Notice to Appeal and pay my fine so hopefully this ticket can get quashed as it is not "complete and regular on its face".

I was just wondering if there's anything else I need to do or write on the Appeal form.

Thanks in advance


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Wed Feb 18, 2015 11:45 am 
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Newbie

Joined: Sun Dec 28, 2014 3:22 pm
Posts: 8
Has anyone here every filed an appeal and won?
I'm just not sure how this process works. I spoke to the clerk at the Appeal court over the phone and she seemed very impatient with me. I asked her if I would be reimbursed if my appeal went through to win as I've already paid my ticket and she just told me to mail in the forms.

Thanks


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Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
PostPosted: Wed Feb 18, 2015 8:25 pm 
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Sr. Member

Joined: Sun Jun 22, 2008 3:21 am
Posts: 382
Quite a few of the posters here have won fatal error cases on appeal. If you search force fatal error or London v Young using this site's search function you will find many threads on the subject. I have added links to a few of the more informative ones but there are more if you search. Also the city should refund the fine money you paid if you win your appeal.

topic2521.html

topic1730.html

http://www.ticketcombat.com/offences/fi ... forceerror


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