Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 7 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

95km/h in E0 km/h zone - Fatal error??
Author Message
PostPosted: Thu Jul 16, 2015 10:34 am 
Offline
Newbie

Joined: Thu Jul 16, 2015 10:11 am
Posts: 3
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.

The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and clearly looks like a written E. Can this be considered a fatal flaw, as in if the offence is wrong, the certificate is not complete and regular?

Please advise,

Many thanks in advance,
Speedy


Top
 Profile  
 
Re: 95km/h in E0 km/h zone - Fatal error??
PostPosted: Thu Jul 16, 2015 11:13 am 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
I would suggest uploading a copy with the personal information blocked out to get a better response.

Personally I would request a trial obtain disclosure and while reviewing the evidence against you see if the officer's copy of the offence notice is the same.

At that point if you plan to try and force the fatal error you simply do not attend your scheduled trial and file an appeal within 30 days of conviction. You will have to convince a JP to see things your way.


Top
 Profile  
 
Re: 95km/h in E0 km/h zone - Fatal error??
PostPosted: Thu Jul 16, 2015 12:02 pm 
Offline
Newbie

Joined: Thu Jul 16, 2015 10:11 am
Posts: 3
Attachment:
File comment: Here is a scan of the ticket
238Ticket.jpg
238Ticket.jpg [ 19.42 KiB | Viewed 499 times ]


Top
 Profile  
 
Re: 95km/h in E0 km/h zone - Fatal error??
PostPosted: Thu Jul 16, 2015 1:17 pm 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Not a hope in h8ll.


Top
 Profile  
 
Re: 95km/h in E0 km/h zone - Fatal error??
PostPosted: Thu Jul 16, 2015 1:51 pm 
Offline
Jr. Member

Joined: Tue Oct 22, 2013 2:57 pm
Posts: 40
ynotp wrote:
Not a hope in h8ll.


Disagree - I'll tell you why;

the S.128 is written out underneath and has a clearly distinctive number eight whereas the indicated speed is essentially this 'E'.
I would let this ride and not attend court - while we all know the E is supposed to be an 8 - it is not, as stated above.

If convicted on the 45th day, I would appeal this and put my faith in the fact that the judge would agree - after all, this is the law and assuming the E is an 8 - well, it just doesn't work that way.

Furthermore, the two don't even come close to a resemblance of each other.


Top
 Profile  
 
Re: 95km/h in E0 km/h zone - Fatal error??
PostPosted: Thu Jul 16, 2015 1:59 pm 
Offline
Newbie

Joined: Thu Jul 16, 2015 10:11 am
Posts: 3
Thanks Karra;

Just to clarify your statement "let it ride and not attend court"
should I do nothing at all or should I request a trial then not attend?


Top
 Profile  
 
Re: 95km/h in E0 km/h zone - Fatal error??
PostPosted: Thu Jul 16, 2015 2:29 pm 
Offline
Jr. Member

Joined: Tue Oct 22, 2013 2:57 pm
Posts: 40
If this was my ticket I would ignore it - if you do this, on the 45th day after the date of offence you will either be convicted or the ticket will be dismissed.

If you are convicted you will receive a Notice of Fine and Due Date at the address on the ticket - this will allow you 15 (usually) days to pay - which you will have to do to prior to submitting your appeal documents, as the receipt will have to be attached. Once you file the appeal the wait begins for the letter indicating time, place, and date - attend, when called simply offer your explanation as to why you chose to ignore the ticket in the first instance - the prosecutor will, if they are challenging this, offer their explanation as to why the entire process is valid and the conviction should stand.

The judge will then make a decision.

If you are going this route - DO NOT file the ticket - keep it safe and dry as you will need it in approximately four months depending on which jurisdiction this is.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 7 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Speeding 60km/h in a 50km/h zone ---- fatal error?

leeoswald

7

1426

Tue Apr 01, 2014 6:14 pm

jsherk View the latest post

There are no new unread posts for this topic. Fatal error: Speeding 75km/hr in posted 60km/hr zone.

nick12

7

1441

Tue Apr 01, 2014 6:05 pm

jsherk View the latest post

There are no new unread posts for this topic. 145kmph in 100kmph zone, is this consider a "fatal" error ??

metal9x

11

790

Sun Jan 19, 2014 11:13 pm

daggx View the latest post

There are no new unread posts for this topic. Possible fatal error?

boyd00

2

1025

Mon Jun 14, 2010 9:12 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Fatal Error

Pebbles

2

868

Sun May 27, 2012 12:16 pm

skywalker12 View the latest post

There are no new unread posts for this topic. Fatal Error

sunnyg1378

12

844

Tue Apr 09, 2013 11:01 pm

sunnyg1378 View the latest post

There are no new unread posts for this topic. Fatal Error?

markB

3

565

Thu May 16, 2013 8:31 pm

bend View the latest post

There are no new unread posts for this topic. Fatal Error?

halfwaytree

4

699

Tue Jan 21, 2014 10:23 pm

admin View the latest post

There are no new unread posts for this topic. Fatal Error

arnoldstheman

1

457

Thu Dec 04, 2014 7:53 pm

Stanton View the latest post

This topic is locked, you cannot edit posts or make further replies. FATAL ERROR?

kkms

1

685

Tue May 19, 2015 8:57 am

Radar Identified View the latest post

This topic is locked, you cannot edit posts or make further replies. Fatal error, or not? and if so how to i go about fighting it

wesleyPI

1

920

Thu Sep 03, 2009 9:23 am

Reflections View the latest post

There are no new unread posts for this topic. Speeding 5 over and fatal error

btbitola

11

1244

Tue Oct 27, 2009 12:20 am

Squishy View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.