Officer wrote incorrect speed limit on ticket. HELP

johnathan.b
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Officer wrote incorrect speed limit on ticket. HELP

by: johnathan.b on
Tue Aug 18, 2015 12:42 am

Officer pulled me over in what i assumed was a 90km/h zone doing 112. Without a doubt, that was how fast i was going. I was told the speed limit was 80 on the highway, and that I was going 32 over.

However, the ticket offence has written down "Speeding 112km's/h in a posted 90km/h zone". The 90 is very clearly a 90, no bad penmanship here.

The fine is 192 with total payable at 232, which is the fine for going 32km/h over and not 22km/h over.

How should i proceed? The offence doesnt fit the fine on the ticket (i know she probably meant to write that it was an 80km/h zone). Can i have it dismissed or at the very least, have the fine lowered to fit the 22km/h over that she incorrectly wrote on the ticket? (a huge difference on my insurance increase and demerit points).

Wondering if London v. Young applies here and the best way to proceed.

This was on highway 64, ontario.




jsherk
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Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Tue Aug 18, 2015 11:52 am

Yes that appears to be a Fatal Error ... if you can confirm that the fine and total payable are indeed incorrect, then you should NOT respond to the ticket and hopefully the Justice of the Peace will see the error and dismiss the ticket. If the JP messes up and you DO receive a notice that you were found guilty, then you have to file an appeal and you can get it thrown out that way.

Keep the ORIGINAL and do not mail it in and do not pay anything.

Make sure you DO NOT go to trial ... if you try to go to trial and point out the error then they can actually FIX the error on the spot and charge you correctly. So just do not respond to the ticket all. If you have not heard anything in 3 months, call the clerks office and ask for the status and they should confirm if was thrown out.
+++ This is not legal advice, only my opinion +++


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