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
MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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.
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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??
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
I also found this........33 km over is $198 + $40 = $238
What is the correct amount for speeding 33 km over???
Thanks
joepenoso
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
Read iFly55's first post. He showed you the correct set fine for 33 over.
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
Thank You
iFly55
For putting closure on fine amount.
joepenoso
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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?
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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.
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
THANK YOU
DAGXX
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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!)
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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.
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
Thank you Stanton! I feel much better about this (it's my first ever ticket).
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING 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?
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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.
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Re: MISSPELLED NAME ON 33 KM OVER SPEEDING TICKET
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
Planning on going to the US (NY from TO) for about a week, next year;
so some questions and points,
1> Do I need to get special cover from my insurance
2> My car speedo is in KM's , would it help to put a couple of stickers to note where the MPH limits are
3> IF I get a ticket, do I have to go back to NY, to deal with it?
4> If I ignore it can I be extradited or fined…
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
hi all,
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
thank you
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
(1) Is this offense automatically associated with 3 demerit points? I see no mention of them on…
so I have a cell phone on a dash mount, (so I can see it)
I have a bluetooth handsfree in the visor.
If I'm driving, and the phone goes, if I press the button on the bluetooth device to take a call and just talk into the mic
Will you be ticketed ?
I think you can set it for auto or voice answer but my phone doesnt support that
Also I heard somewhere that you can't have the phone in sight ?
Is talking…
I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Me-OK i…
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
www.wheels.ca/Columnists/article/515144
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I received a ticket for 40 over in Mississauga, I called in to set a trial date, which is sometime in January.
THe other day I received a letter in the mail labelled as 'notice of motion'
it states that i go into court on the date specified ....
i do not understand what this is for...
any input?
In my case, the Crown stated that there was a defect on the Certificate of Offense and essentially the Courts have lost jursdiction.
What exactly does that mean?
Also, the Crown submitted a white form. Im not sure what that is.
Can someone explain what that form is?
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Next thing I…
Hey everyone first off I'd like to say great website, I have been reading and it is very useful ![]()
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Driving on a 80km/hr highway the car ahead hits the brakes and slows to 55, l slow down right behind him no reason to slow down traffic was moving between 80 and 90. I notice the driver is on the phone and looking through papers on the passenger seat. He begins to start to go a opp officer drives by doing 80 plus in oncoming lane turns around and says l was following to close. Told him what was…
My son was making a right turn at the intersection he had a green so slowed down looked and proceeded into the turn. It was pouring rain and the was a big pool of water as he got arround the curb. He tried to keep the car going sharp right however it slid into the car making a left turn. the lane he was turning into is very narrow and at a very busy corner. He paniced and left the scene only…
Hi,
I had an collision the other day. I was turing left and ran into a car going straight in the opposite direction. The insurance company has already determined that I'm at fault, since I made the left turn. But I'm wondering whether I should go on trail and at least I might get rid of the ticket. The ticket was under 142(1)
I was told that if I go on court, both the guy I hit and the officer who…
question for a friend of mine.....says she got a 3 day suspension for giving a A on a roadside. Thing is she wasnt driving. She is a g2 driver and the car was parked in a parking lot, she just ran out to get something and turned the car on. Can a 3 day be issued if you arent driving on a highway - (I've read for impaired it doesnt matter, but 3 day isnt criminal)? And is there any way to…
I can't find the category for this post so I'm posting it here.
Two questions...
1. Are golf carts considered a 'vehicle' under the Highway traffic act? I know carts can't drive across roads or on roads but if you try to bring one from the USA into Canada they are considered a 'vehicle'.
2. If you are on private property are you allowed to carry 'opened' alcohol in your golf cart? I know golf…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
I was driving westbound on Hwy. 8 earlier this month in North Dumfries Township, approaching the Cambridge city limits. The weather was clear and the roads were dry. I noticed a vehicle on the shoulder on my side of the road, pointing towards me. This didn't concern me right away, as it is a rural area and I sometimes see vehicles doing mail delivery. The vehicle then started accelerating and…
I was pulled over yesterday in a community safety zone and told I was doing 84 in a 50. When i passed the officer I looked at my odometer and I was only doing 64. I was given a summons on the spot to appear in court at the end of June. Do I have any chance in this if it comes down to his word over mine. I was in the car alone but have travelled these same roads every day, twice a day for 6 years…
who is at fault when :a) a passenger opens door and jumps out of vehicle onto the road with traffic. b) he gets hit by a car travelling in the adjoining lane. c) traffic lights were green. d) pedestrian crossing was further up and indicated "no crossing" light e) the vehicle that he exited from leaves the scene as soon as accident occurred. f) no charges have been laid after police filed report…