hi , I got a speeding ticket couple of days before, here are the details: 1. 150 km/hr in a 100 km/hr zone(highway 401 west near Kingston ) 2. Set Fine of $294 with total payable fine of $359 under Highway traffic act sec 128 My questions: 1.Can this be considered a fatal error as the fine on the ticket is for overspeeding by 49 km/hour? 2. If i choose to not respond to the ticket within 15 days of offence, can the court still send me a summons to appear? 3. I got one speeding ticket before as well in may 2018 (82 in a 60 zone) which i lost in the trial and possibly have 3 demerits points already. With the addition of 6 more, it will be 9 points, can my license be suspended even before i file an appeal to the latest ticket? Any assistance/answers is really really appreciated. Micky
hi ,
I got a speeding ticket couple of days before, here are the details:
1. 150 km/hr in a 100 km/hr zone(highway 401 west near Kingston )
2. Set Fine of $294 with total payable fine of $359 under Highway traffic act sec 128
My questions:
1.Can this be considered a fatal error as the fine on the ticket is for overspeeding by 49 km/hour?
2. If i choose to not respond to the ticket within 15 days of offence, can the court still send me a summons to appear?
3. I got one speeding ticket before as well in may 2018 (82 in a 60 zone) which i lost in the trial and possibly have 3 demerits points already. With the addition of 6 more, it will be 9 points, can my license be suspended even before i file an appeal to the latest ticket?
Any assistance/answers is really really appreciated.
Were you given a speeding ticket (i.e. Offence Notice) for 49 over or were you issued a summons for 50 over? As Speedstar implied, there is no set fine for 50 over---so, you must go to court to find out your penalty. 49 over (and below) has an out of court settlement option via set fines. Are you sure the officer didn't reduce the speed to 49 over? Check the ticket to make sure. If you were charged with 50 over and they list the set fine as $294, then that IS a fatal error since the set fine is incorrect (after all, there isn't any set fine for 50 over). Now, if you were given a summons, then you MUST attend court on the specified date regardless. Just keep in mind that while you can force a fatal error if they DID write 50 over but indicate the set fine for 49 over, there is nothing preventing them from laying an information and issuing a summons on you for 50 over via Part III of the POA. They have 6 months from the date of offence to lay the information via Part III. Or, more likely, they could charge you with stunt driving at that point. Given the rate of speed involved, its quite likely they will go through with such effort. Just keep that all in mind.
Were you given a speeding ticket (i.e. Offence Notice) for 49 over or were you issued a summons for 50 over?
As Speedstar implied, there is no set fine for 50 over---so, you must go to court to find out your penalty. 49 over (and below) has an out of court settlement option via set fines.
Are you sure the officer didn't reduce the speed to 49 over? Check the ticket to make sure. If you were charged with 50 over and they list the set fine as $294, then that IS a fatal error since the set fine is incorrect (after all, there isn't any set fine for 50 over). Now, if you were given a summons, then you MUST attend court on the specified date regardless.
Just keep in mind that while you can force a fatal error if they DID write 50 over but indicate the set fine for 49 over, there is nothing preventing them from laying an information and issuing a summons on you for 50 over via Part III of the POA. They have 6 months from the date of offence to lay the information via Part III. Or, more likely, they could charge you with stunt driving at that point.
Given the rate of speed involved, its quite likely they will go through with such effort. Just keep that all in mind.
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150 km/hr in a posted 100 km/hr zone on highway 401
