Ontariohighwaytrafficact.com

I have a+

MISSPELLED MY NAME ON 33 KM OVER SPEEDING TICKET.

Is this my get out of jail for free error?

How should I handle it??

PS fine is $192.00

total payable $232.00

is that correct?

Thanks

joepenoso

Misspelt name is not a fatal error, however your set & total fine appear to be in error.

Set Fine = $6 x 33 = $198

Victim Surcharge = $35

Court Fee = $5

Total Fine = $238

Search up London v. Young and go the forced fatal error route.

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, etc.).....correct?

2.) I'll have to phone the court house to see the status of the ticket,,,correct??

3.)Once the trial or procedure happens in my absence, I ask for a form called(What is the form called)?

4.) I quote London vs Young. Correct???

To paraphrase I don,t go to court because the ticket can only be amended during trial. After trial I ask for a form stating Fatal Error and quoting London vs. Young because the ticket now cannot be amended. My misspelled name with incorrect total for 33 km over the limit is enough to make this happen?

Thanks in Advance

I feel much better

joepenoso

joepenoso wrote:

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, etc.).....correct?

Yes

joepenoso wrote:

2.) I'll have to phone the court house to see the status of the ticket,,,correct??

Yes

joepenoso wrote:

3.)Once the trial or procedure happens in my absence, I ask for a form called(What is the form called)?

No. In your absence the JP will either convict you or quash the ticket. If the JP convicts you, then you need to appeal the conviction.

Appeal Process: http://www.ontariohighwaytrafficact.com ... tml#p30086

Appeal Form: http://www.niagararegion.ca/living/prov ... A-0201.pdf

joepenoso wrote:

4.) I quote London vs Young. Correct???

To paraphrase I don,t go to court because the ticket can only be amended during trial. After trial I ask for a form stating Fatal Error and quoting London vs. Young because the ticket now cannot be amended. My misspelled name with incorrect total for 33 km over the limit is enough to make this happen?

The misspelt name is not a fatal error. Only the incorrect fine is the fatal error. Make sure you double check it.

List of fatal errors: http://www.ontariohighwaytrafficact.com/topic1965.html

I checked highway traffic act speeding penalties FROM \\\\\\\\\\GOVERNMENT OF ONTARIO

0----20$3.00 KM.

20---30 $4.50 KM

30---39 $7.00 KM

What gives?

Numbers don't add up??

joepenoso wrote:

I checked highway traffic act speeding penalties FROM \\\\\\\\\\GOVERNMENT OF ONTARIO

0----20$3.00 KM.

20---30 $4.50 KM

30---39 $7.00 KM

What gives?

Numbers don't add up??

Those are the Court fines (if you're convicted at trial). Police use the set fines of the Ontario Court of Justice, which are slightly lower.

1-19 kph - $2.50

20-29 kph - $3.75

30-49 kph - $6.00

I also found this........33 km over is $198 + $40 = $238

What is the correct amount for speeding 33 km over???

Thanks

joepenoso

http://proffer.ca/Canada/Ontario/chart- ... kilometer/

Schedule B

Highway Traffic Act

Speeding

Kilometres

Set Fine

a) 1-19 kilometres per hour over the maximum speed limit $2.50 per kilometre

b) 20-29 kilometres per hour over the maximum speed limit $3.75 per kilometre

c) 30-49 kilometres per hour over the maximum speed limit $6.00 per kilometre

d) 50 kilometres per hour or more over the maximum speed limit No out of court settlement

Schedule C

Read iFly55's first post. He showed you the correct set fine for 33 over.

Thanks for your time and effort I tried to research speeding fines on my own but with so many conflicting numbers being thrown around, some from government documents, I didn't know what was the right figure until Stanton said so.

Thanks

Again

joepenoso

Set Fine: http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/

Victim Surcharge: http://www.e-laws.gov.on.ca/html/regs/e ... 0161_e.htm

Court Fee: http://www.e-laws.gov.on.ca/html/regs/e ... 0945_e.htm

Thank You

iFly55

For putting closure on fine amount.

joepenoso

CaryUrive wrote:

Are you also afraid that there will be the video recording and also the audio recording devices around you so that you can't live in the normal and also safe condition and also possile that your important information will be given out by others as well. Then it is really turn to use the audio jammer which is designed with the high technology and also well welcomed by people as well.

Actually no

joepenoso

DaltonVidra wrote:

In this modern and high technology world which is also called the "information era". There is no doubt that people now want to own the life that is safe and free and do the thing that they like and want to do. And usually such kind of life is not so easy to own for some people and as they are monitored by some device. If so the Cellphone Signal Jammer can be your good assistant.

Is this Snoden, James Bond 101?

NEWS UPDATE:

The ticket never went to court because it's called a Failure To Repond or F.T.D. for short.......( Not to be confused with a S.T.D.....LOL.)

The Justice of the Peace is due to convict me Dec. 20, 2014 which is a Saturday ( My ticket was given November 5th )and I have a month before they take my licence away.

Should I appeal it now..........or wait till the J.P. gets through with it and appeal it then using London vs. Young. Fatal Error, incorrect fine....yadda yadda yadda?

joepenoso

Thanks

You

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.

THANK YOU

DAGXX

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!)

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.

Thank you Stanton! I feel much better about this (it's my first ever ticket).

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?

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

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

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

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

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.

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

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

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

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.

http://www.ontariohighwaytrafficact.com/topic2521.html

http://www.ontariohighwaytrafficact.com/topic1730.html

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