Speeding 138km/h on 404. Appeal possibility?

el520w
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Speeding 138km/h on 404. Appeal possibility?

by: el520w on
Thu Sep 02, 2010 1:11 pm

Hi,

I recieved this ticket in July:

Date: 20100710 832am
Motor vehicle involved:
At: HWY 404 S/B @ Finch Ave
Did commit the offence of: Speeding - 138kmph in a posted 100 kmph zone
Contrary to: HTA
Collusion involved: N
Witness: N
And I further certify that I served an offence notice personally upon the person charged on the offence date .
Set fine of: $228.00
Total Payable: $283.00

I read through this website: http://www.ticketcombat.com/offences/fi ... forceerror and decided I would try to force a fatal flaw since from my understanding I had an incorrect fine amount based on the quoted HTA.

I've defaulted on the ticket and was convicted of it already. My question is if the set fine amount is correct. According to the HTA, which is quoted on the ticket (without a section number), the set fine for that speed range is $7 per kilometer. My set fine was charged at $6 per kilometer.

Was my original assumptions correct? Do I have a chance to appeal that decision based on the incorrect fine amount?

Thanks.




el520w
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by: el520w on
Thu Sep 02, 2010 8:56 pm

Thank you Simon.

What is a part 1?




el520w
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by: el520w on
Mon Sep 06, 2010 7:57 pm

So I guess theres nothing I can do at this point?

How come they can quote HTA and charge a different rate than what is stated?

Thanks.




el520w
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by: el520w on
Tue Sep 07, 2010 12:08 pm

HTA Section 128 http://www.e-laws.gov.on.ca/html/statut ... tm#s128s14
(c) is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and

The rates I was charged with was $6 per km


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Simon Borys
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by: Simon Borys on
Tue Sep 07, 2010 5:56 pm

The rate in section 128 is to be used for the purpose of calculating a sentence for speeding after a trial. There is an appendix in the POA with a different amount that is used for the purpose of the set fines.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


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