Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 8 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Incorrect Set Fine, but correct Total Fine - Fatal?
Author Message
PostPosted: Wed Jul 08, 2015 7:23 pm 
Offline
Site Admin
User avatar

Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
Sooo, yea I sped and got a ticket! My first I think in 10 years!!

Anyways, I noticed my Set Fine amount is Incorrect! But my Total Payable fine is Correct.

Would I be able to use the Fatal error, London v. Young method?

Thanks

_________________
Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


Top
 Profile  
 
Re: Incorrect Set Fine, but correct Total Fine - Fatal?
PostPosted: Wed Jul 08, 2015 10:14 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
I'd say yes. The London v. Young ruling focused heavily on the set fine issue. As we know, there are only a few things that render a ticket null and the set fine is definitely one of them. There's the R. v Monahan decision which says quite clearly that even if the total payable is correct, if the set fine is wrong, the certificate is not complete and regular.

_________________
* 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


Top
 Profile  
 
Re: Incorrect Set Fine, but correct Total Fine - Fatal?
PostPosted: Sat Jul 11, 2015 8:26 pm 
Offline
Site Admin
User avatar

Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
Great thanks Radar!

I plan to ignore the ticket. hopefully the JP will squash it, otherwise i gotta go through the appeal process correct?

Do I wait for a letter in the mail before I can start the appeal if they still convicted me?

Thanks again

_________________
Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


Top
 Profile  
 
Re: Incorrect Set Fine, but correct Total Fine - Fatal?
PostPosted: Sat Jul 11, 2015 8:45 pm 
Offline
Sr. Member

Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
Appeal Process: topic5412.html#p30086
Appeal Form: http://www.niagararegion.ca/living/prov ... A-0201.pdf

If you're going to ignore the ticket, there's a bit of anxiety involved because now you have to exercise due diligence and contact the court office after ~15-35 days to check up on the status of your ticket.

Waiting for Canada Post to deliver 'Notice of Impending Conviction" would be too late; you only have 30 days from the date of conviction in order to appeal.

If you filed for trial/early-resolution, you would know the exact date a JP would convict/quash your ticket.


Top
 Profile  
 
Re: Incorrect Set Fine, but correct Total Fine - Fatal?
PostPosted: Sat Jul 11, 2015 8:48 pm 
Offline
Site Admin
User avatar

Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
Thanks Ifly, I got the ticket last week, I thought best route is to do nothing and Ignore the ticket?

Is it better to file for Trial and then what dont show up?

_________________
Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


Top
 Profile  
 
Re: Incorrect Set Fine, but correct Total Fine - Fatal?
PostPosted: Sat Jul 11, 2015 8:49 pm 
Offline
Site Admin
User avatar

Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
Also, how exactly do I check up on this ticket? Just call the court and simply ask them? That simple lol?

_________________
Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


Top
 Profile  
 
Re: Incorrect Set Fine, but correct Total Fine - Fatal?
PostPosted: Sat Jul 11, 2015 10:12 pm 
Offline
Sr. Member

Joined: Sun Jun 22, 2008 3:21 am
Posts: 382
The decision on whether to ignore the ticket or book a trial and then not show up depends on what you are more comfortable with.

As iFly55 pointed out booking a trial and then not showing up means that everything regarding your ticket will be dealt with on the trial date you were assigned. This means you will know exactly when the matter will be dealt with and thus you will only have to follow up once with the court to find out what happened. However, this also means that the whole process will take a lot longer to deal with because you will have to wait for a trial date to be assigned.

The fastest route to victory is to ignore the ticket and then wait for it to go to the default docket. However, you will probably have to call them several times to keep up to date with what is happening with your ticket as you won't know exactly when your ticket will be assigned to the default docket. If you go this route I would call at the 30 day mark and then every 2 weeks until you get an answer. When I did this for my red light ticket they convicted me by default at the 45 day mark so I only had to call twice.

Following up on the ticket is pretty simple, all you have to do is call the number on the back of the ticket and quote the ticket number to the clerk, they will then tell you what its status is. When you call don't let your legal strategy slip, you don't want it getting back to the crown. You don't have to give a reason as to why you are asking about your ticket and the clerk probably won't ask, so don't volunteer one.

Good luck and let us know how it is going :D


Top
 Profile  
 
Re: Incorrect Set Fine, but correct Total Fine - Fatal?
PostPosted: Sun Jul 12, 2015 7:51 pm 
Offline
Site Admin
User avatar

Joined: Tue Nov 13, 2007 5:04 pm
Posts: 1048
Location: Ontario, Canada
Thanks Daggx :),

In that case I plan to simply Ignore the ticket, I want this over quick.

I will definitely keep this updated.

Thanks again guys!

Admin :)

_________________
Visit us at: Ontario Ticket OR OHTA OR Ontario Traffic Act OR Highway Traffic Act


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 8 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Fatal error due to incorrect set fine and total fine?

epochfurlan

2

745

Wed Sep 17, 2014 5:58 pm

epochfurlan View the latest post

There are no new unread posts for this topic. INCORRECT total payable w/ CORRECT set fine-9.1 conviction

HTARep

1

774

Sun Apr 08, 2012 12:29 am

Radar Identified View the latest post

There are no new unread posts for this topic. Incorrect Set Fine but Correct Total - Speeding 23km/h over

musketeer

11

1687

Sat Nov 09, 2013 4:37 am

daggx View the latest post

There are no new unread posts for this topic. Incorrect Set and total Payable fine... Fatal error ?

akhan1

2

489

Mon Dec 07, 2015 3:03 pm

akhan1 View the latest post

There are no new unread posts for this topic. Set fine wrong, total payable correct

acarman1

5

207

Mon Feb 06, 2017 12:54 pm

jsherk View the latest post

There are no new unread posts for this topic. Correct set and total payable fine but wrong offence

akhan1

3

778

Tue Mar 15, 2016 4:29 pm

jsherk View the latest post

There are no new unread posts for this topic. Incorrect set fine, incorrect total payable

Grunt

7

1099

Thu Aug 30, 2012 10:26 am

Grunt View the latest post

There are no new unread posts for this topic. Incorrect Set Fine Payable - Force Fatal Error

[ Go to pageGo to page: 1, 2 ]

stickz

19

418

Tue Feb 07, 2017 5:17 pm

jsherk View the latest post

There are no new unread posts for this topic. no set fine,no total payable

swissgaurd

5

614

Mon Nov 12, 2012 1:36 am

daggx View the latest post

There are no new unread posts for this topic. Speeding - what should the set fine and total payable be?

Keroba

4

2423

Sat Mar 12, 2011 5:15 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Set Fine or Total Payable (online payment)

Atahualpa

1

1065

Mon Nov 14, 2011 6:13 pm

Stanton View the latest post

There are no new unread posts for this topic. Appeal date coming up-Wrong set/total fine (London vs young)

alikhan

1

510

Thu Apr 14, 2016 8:52 am

jsherk View the latest post

 


Who is online

Users browsing this forum: Google [Bot], Google Adsense [Bot] and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.