Incorrect Set Fine, but correct Total Fine - Fatal?

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Incorrect Set Fine, but correct Total Fine - Fatal?

Unread post by admin on

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


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Radar Identified
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Unread post by Radar Identified on

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


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Unread post by admin on

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


iFly55
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Unread post by iFly55 on

Appeal Process: http://www.ontariohighwaytrafficact.com ... tml#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.


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Unread post by admin on

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?


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Unread post by admin on

Also, how exactly do I check up on this ticket? Just call the court and simply ask them? That simple lol?


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Unread post by daggx on

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


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Unread post by admin on

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 :)






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