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epochfurlan
- Newbie
- Posts: 2
- Joined: Wed Sep 17, 2014 3:34 pm
Fatal error due to incorrect set fine and total fine?
He gave me an offence notice reading set fine $120 and total fine of $150 which is significantly less
than the correct amounts that should have been $192 and total $237.
After reviewing case law and posts herein, I am thinking of defaulting on the ticket and letting the Justice
either find the fatal law or erroneously convict and order the fine on the ticket to be enforced.
I understand the extra admin fees will be approx. $30-50 as I will pay as soon as I receive the final conviction notice- assuming the ticket is not quashed (which it should by law). I realize that if the Justice does not do his/her job correctly, I may have to appeal. My questions are:
-Since I am defaulting and not asking for trial, will the Justice see any modified offence certificate (ie: cops notice
their error and modify their copy) that has recalculated the correct amount (which should be illegal) which would then have him convict me at the higher amount?
-What are the odds that the Justice will notice the wrong amount and do they fear they will advertise their
incompetence by not quashing the ticket as they should?
-despite many cases already formalizing the "fatal error" of wrong set fines, how likely will the Justice NOT know about it?
-Am I crazy NOT to proceeds this way given a) at worse I will pay $232 + admin fee which is roughly $100 more
than the fine now BUT in return I may get the ticket quashed completely?
Ontario JPs are very familiar with London v. Young and make sure the face of the ticket is proper/regular prior to convicting defaulters. But they're human, and will make mistakes... which is why you have an opportunity to appeal.
Under no circumstance should you pay this ticket even if it was $1. This ticket will eventually get quashed at the Appeal level, so be fully prepared to appeal. I would start filling out the appeal form, because you have a small window following the conviction to appeal.
There are plenty of threads here discussing how to appeal & london v. young, use the search function.
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epochfurlan
- Newbie
- Posts: 2
- Joined: Wed Sep 17, 2014 3:34 pm
I will search for the Appeal Form and advice on how to complete it. I assume I will receive either a confirmation to pay the conviction or notice that the ticket is voided?
This forum has been an excellent source of education about the OHTA. Kudos to you all!
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