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Ontario Highway Traffic Act

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No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
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Proceed before green
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PostPosted: Wed Dec 02, 2015 12:25 pm 
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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.


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Re: Proceed before green
PostPosted: Wed Dec 02, 2015 12:29 pm 
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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.


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Re: Proceed before green
PostPosted: Wed Dec 02, 2015 3:56 pm 
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Here is a copy of the ticket:

Image


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Re: Proceed before green
PostPosted: Wed Dec 02, 2015 3:57 pm 
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I suck at the internet. URL for image is http://imgur.com/RkOi5I8


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Re: Proceed before green
PostPosted: Wed Dec 02, 2015 4:12 pm 
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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.


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Re: Proceed before green
PostPosted: Wed Dec 02, 2015 5:13 pm 
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That's what I was hoping. I'll go that route and advise how it turns out.


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Re: Proceed before green
PostPosted: Wed Dec 02, 2015 7:47 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
If the correct set fine is $260 and not $265 then it is fatal error, and follow UnluckyDuck advice.

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+++ This is not legal advice, only my opinion +++


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Re: Proceed before green
PostPosted: Tue Mar 15, 2016 3:58 pm 
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Posts: 5
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.


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Re: Proceed before green
PostPosted: Tue Mar 15, 2016 4:15 pm 
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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.


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Re: Proceed before green
PostPosted: Tue Mar 15, 2016 4:28 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Congratulations on win!!!

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+++ This is not legal advice, only my opinion +++


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Re: Proceed before green
PostPosted: Wed Mar 16, 2016 3:44 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 753
Well done for coming back with the outcome. Thanks..

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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