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Ontario Highway Traffic Act

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Name Wrong & Possible Other Error
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PostPosted: Tue Jun 14, 2011 1:04 am 
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Joined: Tue Jun 14, 2011 12:52 am
Posts: 18
Hi everyone need some help here please, i'm in a bind with a horrible ticket

i'm driving a new car on the 401 very smooth and the spedometer is up to 141kmh's yeah very stupid but easy to do these days
the officer writes me a ticket & makes a mistake on my last name by a letter

also in the box for the victim surcharge he writes a 65 but the total payable is correct

I read online that this can be thrown out by doing nothing because the ticket info has to be correct when reviewed by the justice of the peace

does this apply to an incorrect name? any success stories? and is that number 65 another error?

pls and thank you in advance for any responses


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Re: Name Wrong & Possible Other Error
PostPosted: Tue Jun 14, 2011 1:45 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
A minor spelling mistake with your surname wouldn't be considered a fatal error. An incorrect fine on the other hand could be.

There is no box for victim surcharge on a ticket, so I'm a little confused what you mean by that. There should be a box for the set fine then a second box for total payable which includes the set fine, victim surcharge and court costs. If you were actually charged with 41 over, the correct amounts would be $246 fine and $301 total. What speed was your ticket actually for and what do the both boxes say?


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Re: Name Wrong & Possible Other Error
PostPosted: Tue Jun 14, 2011 7:28 am 
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Joined: Tue Jun 14, 2011 12:52 am
Posts: 18
hi there thanks for the reply,
it does say $301

what I meant was where the victim surcharge is stated ie. explains why the ticket is higher the officer wrote a 65 there...

I read that if there is a mistake on the ticket and I just ignore it and have the justice of the peace review it

it won't get thrown out?


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Re: Name Wrong & Possible Other Error
PostPosted: Tue Jun 14, 2011 10:54 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
gpolitop wrote:
what I meant was where the victim surcharge is stated ie. explains why the ticket is higher the officer wrote a 65 there...


I can't picture where on the ticket the officer would write that, I don't recall a spot for that info. Any chance you can upload a scan of your ticket? Just remember to remove your name, address, DL#, plate and the officer's name and badge.


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Re: Name Wrong & Possible Other Error
PostPosted: Wed Jun 15, 2011 2:39 pm 
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Joined: Mon Jun 13, 2011 7:44 pm
Posts: 13
I believe you are correct in saying that if you ignore the ticket entirely that the Justice has to look over the ticket and make a final decision. By purely ignoring the ticket a non-fatal error (like your name being incorrect) becomes a fatal error but you might have to take an additional step.

Once the due date for a response has passed, the Justice can no longer correct non-fatal errors and has to look at the ticket as is and if they find an error then they have to "quash" (throw out) the charge. IF they fail to notice an error such as an incorrect name which is quite likely since people do spell names differently, then you can file an appeal based on an error of law based on "Provincial Offenses Act Section 9(1)b" (if I remember correctly on the section).

For the appeal process it should be quite easy to deal with, bring in ID that shows the correct spelling of your name and how it doesn't match what is listed on the ticket and reference the law reference (providing a copy at the appeal is a good idea).

For the most part section 9 of the POA is your basis for the ticket being thrown out after the ticket goes into default (not responded to in this case in any matter).

Disclaimer: I am not a legal professional and provided information as I have come to understand it, and as such should only be used as a guide not legal advise.


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