Hi, here's the scenario. My son (17 with a G2) was following his Mom home. She made a right turn at a busy intersection. Not wanting to get lost, he slowed down, checked that it was safe to go and made the turn on a red. Pollice officer on opposite corner pulls him over and gives him the ticket for RED LIGHT - FAIL TO STOP HTA 144 (18). Set fine $150.00, total payable $180.00. I understand this is the wrong fine as of Jan 1/10. He's pleaded not guilty and asked for disclosure ot the ticket and a trial date. What's our next step, and do you think we have chance to beat it? Thanks, Droner
Hi, here's the scenario. My son (17 with a G2) was following his Mom home. She made a right turn at a busy intersection. Not wanting to get lost, he slowed down, checked that it was safe to go and made the turn on a red.
Pollice officer on opposite corner pulls him over and gives him the ticket for
RED LIGHT - FAIL TO STOP HTA 144 (18). Set fine $150.00, total payable $180.00. I understand this is the wrong fine as of Jan 1/10.
He's pleaded not guilty and asked for disclosure ot the ticket and a trial date.
What's our next step, and do you think we have chance to beat it?
You may be interested in this thread here: http://www.ontariohighwaytrafficact.com/topic1851.html Pay particular attention to the comments regarding another member, Off_Camber, who also had a ticket with an incorrect fine. Another member, Keroba, also won a case recently where he was given a ticket with an incorrect fine for "failure to surrender insurance card." http://www.ontariohighwaytrafficact.com/topic2521.html It seems like half the time, a Justice of the Peace will simply quash the ticket if you fail to respond, or fail to appear for trial. The other half of the time, they don't notice the fine is incorrect, and sign it off. OOPS. Then you'd have to appeal, as you can see... How you proceed is up to you. The best chance of winning this is to start by simply not responding. That's what the Ontario Court of Appeal has directed everyone to do if they get a ticket with an incorrect set fine, which applies in your son's case.
Pay particular attention to the comments regarding another member, Off_Camber, who also had a ticket with an incorrect fine. Another member, Keroba, also won a case recently where he was given a ticket with an incorrect fine for "failure to surrender insurance card."
It seems like half the time, a Justice of the Peace will simply quash the ticket if you fail to respond, or fail to appear for trial. The other half of the time, they don't notice the fine is incorrect, and sign it off. OOPS. Then you'd have to appeal, as you can see...
How you proceed is up to you. The best chance of winning this is to start by simply not responding. That's what the Ontario Court of Appeal has directed everyone to do if they get a ticket with an incorrect set fine, which applies in your son's case.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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