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Ontario Highway Traffic Act

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Incorrect fine?
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PostPosted: Tue Jul 08, 2014 12:22 pm 
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Joined: Tue Jul 08, 2014 12:05 pm
Posts: 2
Hello, I'm new to this forum and have been browsing for some answers, but ultimately I reviewed somethings over and can't find a 100% solution to my problem.

I was caught speeding in a rural road on my way to fishing with some buddies and I got pulled over while following a bunch of other cars. The police officer said I was going 110km/hr, but reduced the ticket to 95km/hr (15 over). The set fine is at $75 dollars and the total payable is $95 dollars. I was wondering if this was a fatal error and how abouts should I deal with this. I looked at the fines under the sections and it would be $5 per kilometer over only if it was in a construction or community zone. I don't know if it helps but under "Sect." it was 128.


Thanks in advanced!


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Re: Incorrect fine?
PostPosted: Tue Jul 08, 2014 3:06 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
Set Fine: http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/
Victim Surcharge: http://www.e-laws.gov.on.ca/html/regs/e ... 0161_e.htm
Court Fee: $5

For +15km/h the Set Fine should be $37.50 and the Total Payable should be $52.50

If you're 100% sure that you were not in a construction zone where workers were present. Then you should search for London v. Young in the forum: search.php?keywords=London+v+Young

Basically you have three options:

1) Ignore the ticket
2) Choose Early Resolution, and don't show up
3) Choose Trial, and don't show up

All three options will have the same happy ending, the ticket gets quashed. In some cases, the JP misses the fatal error and you'll have to appeal and re-open the case.

Again, search for London v. Young in the forum to get more information.

http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK10
Quote:
Deemed not to dispute charge

9. (1) A defendant is deemed to not wish to dispute the charge where,
(a) at least 15 days have elapsed after the defendant was served with the offence notice and the defendant did not give notice of intention to appear under section 5, did not request a meeting with the prosecutor in accordance with section 5.1 and did not plead guilty under section 7 or 8;
(b) the defendant requested a meeting with the prosecutor in accordance with section 5.1 but did not attend the scheduled meeting with the prosecutor; or
(c) the defendant reached an agreement with the prosecutor under subsection 5.1 (7) but did not appear at a sentencing hearing with a justice under subsection 5.1 (8). 2009, c. 33, Sched. 4, s. 1 (13).

Action by justice

(2) Where a defendant is deemed to not wish to dispute the charge, a justice shall examine the certificate of offence and shall,
(a) where the certificate of offence is complete and regular on its face, enter a conviction in the defendant’s absence and without a hearing and impose the set fine for the offence; or
(b) where the certificate of offence is not complete and regular on its face, quash the proceeding. 2009, c. 33, Sched. 4, s. 1 (13).


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Re: Incorrect fine?
PostPosted: Tue Jul 08, 2014 6:37 pm 
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Joined: Tue Jul 08, 2014 12:05 pm
Posts: 2
Thanks for the reply !


I'm pretty sure there were no construction workers present, but I'd rather be safe than sorry. The ticket the officer wrote me looks like chicken scratch and I can hardly make out a thing on it in the notes so should I call somewhere and ask for a typed or legible copy of the ticket? Would there be a note somewhere on the ticket indicating that there were construction workers?


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Re: Incorrect fine?
PostPosted: Tue Jul 08, 2014 7:03 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
In this case choose trial, and when you get your notice of trial. Request for disclosure, and read the officer's notes.


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