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Ontario Highway Traffic Act

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Nervous and in need of help
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PostPosted: Wed Jul 30, 2008 7:46 pm 
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Hi, I recieved a summons two nights ago for speeding (I was doing 120km/h on a 80km/h zone; 49 km/h over the limit so I was really close to racing he told me). Now I am quite nervous and depressed about this because I have never faced this situation before (I was hoping that I would just receive a ticket, which I haven't received before either). I am 18 and have a G1 license. There was a class G licensed driver (with 4+ years of experience) with me in the passenger seat. What do you think is going to happen to me and the G licensed driver? How big do you think the fine is going to be? Is it going to go over $1000? And what would you advise me to do? Hire a legal representative to go for me? Or go there myself and see what happens? I know that I won't be able to talk properly because I'll probably just get intimidated. Please help. I would really appreciate it. This is not making my summer before university a happy one but I admit my mistake. I'm just scared of the fine. Also, I apologize for ranting.


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PostPosted: Thu Jul 31, 2008 2:31 am 
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The fine will be (approx) 40 km/h * 7 $/(km/h) = $280 + court fees (yes, they are included), so you are looking at about $350

Your G licensed driver should be OK - after all, YOU were the one speeding, he did not press the gas pedal.

As for legal representation, you probably should get a paralegal. A paralegal will be able to reduce that speeding ticket, hopefully for something that does not carry any points, as your offense is a 4-point one. This might adversely affect your insurance rates in the future, and not having any points on your record is a good thing. Fill out the form at the bottom of this page to have a paralegal contact you by phone. Ask your representative to try and enter a guilty plea if crown's offer has no points - remember, the fine amount is one thing, having points and paying through the nose for insurance is completely different, and much more costly.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Thu Jul 31, 2008 8:43 am 
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I agree. Your nervousness will not help you if you challenge the ticket yourself. I say get some help on this one.

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PostPosted: Thu Jul 31, 2008 11:41 am 
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Thanks for your help guys. So it is possible to reduce my points, if not get rid of them all? And how likely is it that the crown will provide an offer that has no points? What will the fine be in the case that they do, much greater? Also, it is safe to enter my personal information in the form at the bottom of this page, right? Just making sure.


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PostPosted: Thu Jul 31, 2008 12:28 pm 
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The crown is the crown and you don't have any clue until you talk to them. You might get lucky and get 29 over. 1 less point but the fine per KM also drops.

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PostPosted: Thu Jul 31, 2008 10:39 pm 
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Location: In YOUR rearview mirror!
40km over = $295 total

think 29km over = $138.75 total

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PostPosted: Fri Aug 01, 2008 1:17 am 
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For reference, you can look up how many demerit points here, the amount of the fine for speeding under the Ontario Court of Justice and the victim surcharge under Regulation 161/00 of the POA.


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PostPosted: Fri Aug 01, 2008 9:06 pm 
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ticketcombat wrote:
For reference, you can look up how many demerit points here, the amount of the fine for speeding under the Ontario Court of Justice and the victim surcharge under Regulation 161/00 of the POA.


Bah, we have a beautiful "Demerit Points System" section complete with OHTA subsections right on the very bottom of our site, to the left of Breathalyzer Test.

Fastamber also put up dollar penalties for speeding here.

Victim surcharge is $15.

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


Last edited by racer on Tue Aug 05, 2008 3:37 pm, edited 1 time in total.

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PostPosted: Sat Aug 02, 2008 12:20 am 
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And a beautiful demerit point system it is! I like the OCJ layout because it is easy to read the speeding fines.

Quote:
Victim surcharge is $15.


The surcharge starts at $10 and goes to 25% when the fine is over $1,000.


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PostPosted: Sat Aug 02, 2008 11:06 pm 
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ticketcombat wrote:
I like the OCJ layout because it is easy to read the speeding fines.


Fines are not our business. Fighting them is.

Quote:
The surcharge starts at $10


Then, according to the fine system we have posted and hwybear's input, the fine is $280 in per-kilometre, plus $15 = $295 as per hwybear. What would be the case of a $10 surcharge?

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Sun Aug 03, 2008 10:34 am 
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Quote:
Fines are not our business. Fighting them is.


The original question was how much will the fine be.

Quote:
the fine is $280 in per-kilometre, plus $15 = $295


I don't understand why the victim surcharge is only $15.

According to Regulation 161/00, fines between $251 and $300 create a victim surcharge of $60.

Which means the total fine is $280 + $60 = $340 (+ court costs) which is close to your original estimate of $350.

What no one has touched upon is why was he issued a Part 3 summons? Why didn't the officer just ticket him when he was pulled over? There's something missing here.


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PostPosted: Mon Aug 04, 2008 9:21 pm 
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Quote:
Bah, we have a beautiful "Demerit Points System" section complete with OHTA subsections right on the very bootom of our site, to the left of Breathalyzer Test.



Whats a "BOOTOM"?? Is that a new computer term for that Iphone thing I keep hearing about??

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PostPosted: Tue Aug 05, 2008 3:36 pm 
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Reflections wrote:
Quote:
Bah, we have a beautiful "Demerit Points System" section complete with OHTA subsections right on the very bootom of our site, to the left of Breathalyzer Test.



Whats a "BOOTOM"?? Is that a new computer term for that Iphone thing I keep hearing about??


That is a mipsrint :P :D

Then if Nervous was indeed speeding 49 over, then his fine with the surcharge nears $420 according to all the tables I saw so far... Unless $7/km already includes surcharge

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"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Tue Aug 05, 2008 11:07 pm 
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Just Playn' :D

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PostPosted: Sat Aug 09, 2008 4:33 pm 
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Today, after seeing my summons that I mailed him, my paralegal said that I will have to go to court and that the fine can go over $1300. Guys, is this true? This has really scared me. I know that anything is possible. But I really wasn't expecting to hear this.


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