Fatal Error

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arnoldstheman
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Joined: Wed Dec 04, 2013 5:05 pm

Fatal Error

by: arnoldstheman on
Thu Dec 04, 2014 3:09 pm

I am assuming this is a long shot...

If an officer appears to make an error on the total payable fine, can it be cause for it to be invalid. For example, if the total payable fine were $110.00 but the officer put $110.60, is there any chance of having the ticket withdrawn?

2 points that come to mind:

1) The officer can simply say it is a zero but appears as a 6 on the ticket
2) It is such a marginal error it may not matter


Thoughts on this? Is it even worth bringing up?

Thanks


Stanton
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Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Thu Dec 04, 2014 6:53 pm

This question came up recently in another post and I haven’t seen a clear answer. There is case law stating the set fine must be correct, but it doesn’t clarify if the total payable must be correct as well. Another poster reported having no luck trying to get his ticket quashed when only the total payable was wrong, but that might have just been bad luck.

As for your points:
1) If it’s just sloppy printing and the Justice of the Peace believes it’s a zero, you might have a harder time.
2) It really shouldn’t matter how much it’s off by if it’s considered a fatal error. It’s either correct or it’s not.


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