Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread. I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose. Anyway, it was on my birthday and I'm wondering if the fatal flaws on my ticket are a gift from the cop lol. Actually, I really just want to know how to fight it! 1) The offence date was written as April 4th, but it actually occurred April 5th. I have witnesses to prove I was at work on the 4th, if that matters. 2) The set fine was $294. This part confuses me because the HTA fine is $7 per km and the OCoJ is $6. 49*6=294, so he got that right if the OCoJ fine is used. But I was officially charged with "139km/hr in a 90km/hr zone - HTA 128" (no sub section was written). That set fine should come with a $60 victim charge (or whatever it's called), but the total payable was written as $355. That's a $61 fine. I can only find reference to a $5 court fee, but nothing for only $1. I've read that if I go to trial and point these flaws out to the prosecutor that he can just change it and then I'm screwed. I've also read that if I ignore the whole thing (forcing the fatal flaw) that the court might not notice and fine me anyway...risky. So, if I choose the pre-trial option and point out the 2 fatal flaws, will that work? Should I wait for trial and be like "oh, the wrong date...my whole defence was prepared for April 4th...I clearly wasn't driving then and the officer probably wasn't even on duty that night at that location, blah blah blah". Thoughts?
Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.
I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll probably lose.
Anyway, it was on my birthday and I'm wondering if the fatal flaws on my ticket are a gift from the cop lol. Actually, I really just want to know how to fight it!
1) The offence date was written as April 4th, but it actually occurred April 5th. I have witnesses to prove I was at work on the 4th, if that matters.
2) The set fine was $294. This part confuses me because the HTA fine is $7 per km and the OCoJ is $6. 49*6=294, so he got that right if the OCoJ fine is used. But I was officially charged with "139km/hr in a 90km/hr zone - HTA 128" (no sub section was written). That set fine should come with a $60 victim charge (or whatever it's called), but the total payable was written as $355. That's a $61 fine. I can only find reference to a $5 court fee, but nothing for only $1.
I've read that if I go to trial and point these flaws out to the prosecutor that he can just change it and then I'm screwed. I've also read that if I ignore the whole thing (forcing the fatal flaw) that the court might not notice and fine me anyway...risky.
So, if I choose the pre-trial option and point out the 2 fatal flaws, will that work? Should I wait for trial and be like "oh, the wrong date...my whole defence was prepared for April 4th...I clearly wasn't driving then and the officer probably wasn't even on duty that night at that location, blah blah blah".
1) The date is amendable in court and is not a fatal flaw. 2) Just looked in the notebook comanion and the set fine for 49 over is $249 and the total payable is $355. Section 128 is correct for the charge and no sub-section is required. I see no fatal flaws in your ticket.
1) The date is amendable in court and is not a fatal flaw.
2) Just looked in the notebook comanion and the set fine for 49 over is $249 and the total payable is $355.
Section 128 is correct for the charge and no sub-section is required.
My fine sheet says it would be $359, which I think is correct. I'm wondering if they made a misprint in a batch of notebook companions. Base fine is $294, victim surcharge is $60 and court costs would be $5.
Decatur wrote:
2) Just looked in the notebook comanion and the set fine for 49 over is $249 and the total payable is $355.
My fine sheet says it would be $359, which I think is correct. I'm wondering if they made a misprint in a batch of notebook companions.
Base fine is $294, victim surcharge is $60 and court costs would be $5.
It's definitely a 5. So what should I do? Should I defend myself by ignoring the date thing and then saying I obviously wasn't there on the 4th? Will that work? I mean, obviously the cop pulled me over at SOME point. I'd be getting off on a technicality, that his testimony was the 4th even though it was the 5th.
It's definitely a 5.
So what should I do? Should I defend myself by ignoring the date thing and then saying I obviously wasn't there on the 4th? Will that work? I mean, obviously the cop pulled me over at SOME point. I'd be getting off on a technicality, that his testimony was the 4th even though it was the 5th.
Again, if you go to trial the error can be corrected. Probably your best approach would be to force a fatal error based on the incorrect fine. The ticketcombat site has a basic explanation of the process here: http://www.ticketcombat.com/offences/fi ... forceerror
Again, if you go to trial the error can be corrected. Probably your best approach would be to force a fatal error based on the incorrect fine.
Thanks for your advice. As the website says, forcing the fatal flaw seems risky, but I'm not sure why because it also says: "However, if they don't kill the traffic ticket, you then have an opportunity to appeal based on an error of law: the justice should have quashed the traffic ticket based on POA section 9(1)b,". To me that means I get 2 chances for the ticket to be squashed. If the prosecutor doesn't see the $4 error then I can re-open the case and show the judge that it SHOULD have been thrown out. Seems like a no-brainer...no? As for the date (which I'm pretty sure now ISN'T a fata flaw)...can't I just use the "I wasn't there on that date" defence? Assuming the officer doesn't correct the date before trial, when they show evidence I will have proof I was at work...end of story. Also, he has 7 days to file. Is that form the offence date? Cuz the offence date is the previous day, so that would mean he has only 6 "real" days! That could work out in my favour. How do I check if he has filed? Do I call Edward St.?
Thanks for your advice.
As the website says, forcing the fatal flaw seems risky, but I'm not sure why because it also says: "However, if they don't kill the traffic ticket, you then have an opportunity to appeal based on an error of law: the justice should have quashed the traffic ticket based on POA section 9(1)b,". To me that means I get 2 chances for the ticket to be squashed. If the prosecutor doesn't see the $4 error then I can re-open the case and show the judge that it SHOULD have been thrown out. Seems like a no-brainer...no?
As for the date (which I'm pretty sure now ISN'T a fata flaw)...can't I just use the "I wasn't there on that date" defence? Assuming the officer doesn't correct the date before trial, when they show evidence I will have proof I was at work...end of story.
Also, he has 7 days to file. Is that form the offence date? Cuz the offence date is the previous day, so that would mean he has only 6 "real" days! That could work out in my favour. How do I check if he has filed? Do I call Edward St.?
I just read the ruling on http://www.ontariocourts.on.ca/decision ... CA0429.htm and it speaks of errors in the "set fine" area...it doesn't mention the "total payable" which is where my error is. Ugh...
People have won in cases where the the set fine was correct and the total payable was wrong. Read this contributors experence for a case in point. Link: http://www.ontariohighwaytrafficact.com/topic2521.html
Any updates on this case? I got a ticket last Sunday but my situation is a bit different. My set fine was wrong but total payable was right. Got a speeding ticket n Barrie, ON for 23 km/h over the 50km/h posted speed limit (73km/h). I said sorry to the officer. He wrote the set fine 91.25 on the ticket + 111.25 total payable (I guess this is sum of court and victim surcharge). What he wrote on the ticket: Set Fine: 91.25 Total Payable: 111.25 What he should have written according to the speeding fines guidelines: Set Fine: 86.25 (since the ticket says I am 23km/h over) Total Payable = 111.25 Note that the total is CORRECT but the set fine is wrong (91.25 instead of 86.25). Should I do nothing in this case, I mean does "force the fatal error" apply to this scenario? My specific questions (or doubt) is that only the set fine amount is wrong, but the total payable (overall calculation) is correct.
Any updates on this case? I got a ticket last Sunday but my situation is a bit different. My set fine was wrong but total payable was right.
Got a speeding ticket n Barrie, ON for 23 km/h over the 50km/h posted speed limit (73km/h). I said sorry to the officer. He wrote the set fine 91.25 on the ticket + 111.25 total payable (I guess this is sum of court and victim surcharge).
What he wrote on the ticket:
Set Fine: 91.25
Total Payable: 111.25
What he should have written according to the speeding fines guidelines:
Set Fine: 86.25 (since the ticket says I am 23km/h over)
Total Payable = 111.25
Note that the total is CORRECT but the set fine is wrong (91.25 instead of 86.25).
Should I do nothing in this case, I mean does "force the fatal error" apply to this scenario? My specific questions (or doubt) is that only the set fine amount is wrong, but the total payable (overall calculation) is correct.
Hi Musketeer, Forcing a fatal error, as in ignoring the ticket and appealing if they get a default judgment against you, should work in your situation. There are two cases you should look at: 1. London (City) v. Young at paragraph 16 mentions situations where the set fine was wrong and the total payable was correct. http://www.ontariocourts.on.ca/decision ... CA0429.htm 2. R. v. Monahan et al. paragraphs 33 to 37 goes into greater detail about the issue. http://www.canlii.org/en/on/oncj/doc/20 ... cj298.html Both cases indicate that an incorrect set fine is a fatal error even if the total payable is correct. If you wind up in court be sure to bring and cite both cases. I would read both of them all the way through so that you have a complete understanding of the arguments they are making in case the court has questions for you when you are making your case. You can also do a quick case law search using the CanLii database to look at the most recent case law on the subject. http://www.canlii.org/en/index.html
Hi Musketeer,
Forcing a fatal error, as in ignoring the ticket and appealing if they get a default judgment against you, should work in your situation. There are two cases you should look at:
Both cases indicate that an incorrect set fine is a fatal error even if the total payable is correct. If you wind up in court be sure to bring and cite both cases. I would read both of them all the way through so that you have a complete understanding of the arguments they are making in case the court has questions for you when you are making your case.
You can also do a quick case law search using the CanLii database to look at the most recent case law on the subject. http://www.canlii.org/en/index.html
UPDATE: So my ticket was NOT quashed and I had to pay the fine. I filed for an appeal and my court date is in one month so I'm revisiting all of this stuff to prepare for my case. On Aug 2nd (4 months after my initial ticket), I paid the fine of $384 that they sent me in the mail. There was a $30 late fee charged on top of the listed $354 ticket cost -- obviously a clerical error as the ticket was actually set for $355. I saved $1, yay lol I'm going to use all of these wrong fine amounts in my case, pleading that the whole situation is a mess and should just be quashed. Thoughts?
UPDATE:
So my ticket was NOT quashed and I had to pay the fine. I filed for an appeal and my court date is in one month so I'm revisiting all of this stuff to prepare for my case.
On Aug 2nd (4 months after my initial ticket), I paid the fine of $384 that they sent me in the mail. There was a $30 late fee charged on top of the listed $354 ticket cost -- obviously a clerical error as the ticket was actually set for $355. I saved $1, yay lol
I'm going to use all of these wrong fine amounts in my case, pleading that the whole situation is a mess and should just be quashed.
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor!
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
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,…
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…