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Ontario Highway Traffic Act

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Error on ticket
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PostPosted: Sun Dec 18, 2011 12:31 pm 
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Joined: Sun Dec 18, 2011 12:23 pm
Posts: 1
I just got a ticket for 10km/h over the speed limit, but the officer didnt write anything in the fine location or the total.
Would I be able to get out of the ticket because of this? Technically I cant pay a ticket that doesnt have a fine written on it! :mrgreen:

Any help is appreciated.


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Re: Error on ticket
PostPosted: Tue Dec 27, 2011 5:26 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
No fine at all?!

I'd say you probably could get out of it, although the procedure may be a bit complex... Put the paperwork together (file the ticket, choose option 3 for a trial, etc). Basically it is a "default and appeal" process that's recognized by the courts in Ontario. What will happen is that you will get a trial date. If there's no fine, the Justice of the Peace should examine the ticket for fatal errors. Incorrect fines are considered "fatal errors" and if they're missing that should also count, IMHO. The JP should then quash the certificate; if not, you'd have to appeal it. The reason you can't show up for trial is that the Prosecutor can then amend the ticket and insert the correct amount, but they can't change it afterwards. (Strange ruling... London v. Young case.) Anyway, this particular tactic has worked for other forum members in the past. It does carry some risk, in that you'll have to do some research and dedicate some time to it if the JP misses the "missing" fine.

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* 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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