forcing fatal error

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turbodish
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forcing fatal error

by: turbodish on
Mon Sep 20, 2010 4:53 pm

I received a ticket the other day that has my wrong name, wrong address and wrong set fine amount. Is the best thing to do default on it and hope it is quashed and if it isn't file for appeal as per London v. Young ?

Also for an incorrect offence or an offence "not known to law." as an example :

"Speeding 60kmh in a 50kmh limit"

Should it not say in a 50kmh ZONE? is the above an offence not known to law?

Thanks


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Reflections
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by: Reflections on
Mon Sep 20, 2010 9:01 pm

The fine amount being wrong should get you off the ticket......
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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hwybear
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by: hwybear on
Mon Sep 20, 2010 10:03 pm

If it is a speeding fine, the ticket and courts do not use what is printed in the HTA. FYI
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


turbodish
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by: turbodish on
Tue Sep 21, 2010 8:59 am

Reflections wrote:The fine amount being wrong should get you off the ticket......
Why is it that ticketcombat says wrong set fine amount is not a fatal error? conflicting information


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Radar Identified
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by: Radar Identified on
Tue Sep 21, 2010 11:31 pm

Reflections covered it. The set fine amount being inaccurate is a fatal error... but, as hwybear says, that has to be the set fine amount as per the Chief Justice of Ontario, not the statutory amount in the HTA. What was the set fine amount on your ticket?
turbodish wrote:Why is it that ticketcombat says wrong set fine amount is not a fatal error?
I can't answer for ticketcombat, but London v. Young was quite clear, and people on this forum have won cases for having incorrect set fines.
turbodish wrote:Should it not say in a 50kmh ZONE? is the above an offence not known to law?
No. An offence not known to law would be, for example: "Speeding 50 km/h in a 60 km/h zone," which, on the face of the ticket would read that the driver was going 10 km/h under the limit - therefore not speeding. Or, "passing on a double-yellow line," whch is also not illegal in Ontario.

The best strategy for this one is to simply default - if the set fine is truly incorrect.
* 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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by: turbodish on
Wed Sep 22, 2010 12:29 pm

the set fine amount was $20.00 and if I understand correctly as per ontario or the HTA it should be $25 or $30 for a 10 over ticket.

It's almost as if the officer was subtly giving me a break. How could you make 3 obvious mistakes on simple information on a simple ticket?


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by: Radar Identified on
Wed Sep 22, 2010 7:08 pm

Set fine amount for 10 km/h over the limit should have been $25, so yes, your ticket does have a fatal error. As for why the officer made as many mistakes as he did - who knows? Maybe didn't bring his "A game" to work that day.
* 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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by: turbodish on
Sat May 07, 2011 3:19 pm

update

So I did the failure to respond option and then received notice of conviction many months later. So I took the notice down to the courthouse and asked for case to be reopened. The clerk didn't understand what I was saying and sent me to see the JP. Filled out forms and wrote that ticket was not "complete and valid on its face", im guessing at the actual wording it was awhile ago now. Met with him and he wanted to help me but I had to explicitly say the set fine amount was wrong, i guess for whatever reason he isn't allowed to point out the specific error.

So long story short instead of making me re-open the case filing the forms waiting another year or so and then going back to court, he went off record and told me to plea guilty and then he will "find" the error. So back on record I plea and he quashes the charge due to wrong set fine amount. Nice JP, glad he knew what was up.


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by: Simon Borys on
Mon May 16, 2011 11:28 pm

turbodish wrote:i guess for whatever reason he isn't allowed to point out the specific error
A judge or JP must remain from real or percevied bias. It would be as much a bias towards the crown if he helped you out as it would be to you if he gave answers to the crown. They are supposed to be a neutral arbiter, but it's nice to hear that they were able to help you out in a round about way.
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