I was stopped on my bicycle and received an offence notice under 144 (18) for a Red Light, Proceed Before Green infraction. I understand that the set fine for this is $260.00, which after adding court costs of $5.00 and victims surcharge of 60.00 should result in a total payable of 325.00. However, the amount shown on the ticket under Set Fine is: 265. "illegible", and the amount under Total Payable is: 325. "illegible. It appears that the officer added court costs of $5 to the set fine amount of $260 and entered the total of those two into the Set Fine Field on the ticket, then added the $60 Surcharge to that to get the Total Payable.
I have two questions:
1) would the amount shown in the Set Fine field on the ticket constitute a Fatal Error?
2) would the illegible amounts shown in the Set Fine and Total Payable fields constitute a Fatal Error?
Also, I didn't provide the officer with a driver's licence. I used other id and gave him my address. The ticket has the N box checked under the Motor Vehicle Involved field. I'm wondering, if convicted, would my insurance company be notified or have the ability to find out about the conviction and thus treat it as an "Event"?
Thanks in advance for any and all feedback.
Take a Picture of the Ticket with all personal information Blacked out.
The set fine should be $260. If it clearly looks like $265, then that is a fatal error.
Here is a copy of the ticket:
That Clearly looks like $265, which would make it a fatal error. You should ignore the ticket, and it should be quashed. 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.
That's what I was hoping. I'll go that route and advise how it turns out.
If the correct set fine is $260 and not $265 then it is fatal error, and follow UnluckyDuck advice.
Just wanted to update on my situation.
I did not respond to my certificate within 15 days. On examination of the certificate the JP missed the Set Fine Error, failed to quash the certificate, and convicted me. I filed an appeal. At my hearing of appeal, when I checked in, the Prosecutor acknowledged that the Certificate was not Complete and Regular on it's face due to the Set Fine error and advised that she would be requesting the judge to overturn the conviction. After about an hour's wait my case came up and the Judge agreed with her recommendation.
Thank you to all who have posted on this issue in various threads. I found a lot of great advice.
Congrats on your win! Thanks for updating us, as half of the posts on here do not provide the outcome. I hope you found this website quite resourceful.
Congratulations on win!!!
Well done for coming back with the outcome. Thanks..
- Similar Topics
New post 144(18) - Proceed Before Green - Early Res Question
Last post by argyllReplies: 3
Wed Aug 01, 2018 1:19 pm
Posted in Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signalby yvr-to-yyz in Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signalLast post by argyll Wed Aug 01, 2018 1:19 pm
New post I was making a turn on an advanced green and got a ticket for turning when the arrow turned yellow
Last post by bendReplies: 1
Thu Jan 24, 2019 2:25 am
Posted in Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signalby phatmancan in Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signalLast post by bend Thu Jan 24, 2019 2:25 am
Users browsing this forum: No registered users and 2 guests