Set fine wrong, total payable correct

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acarman1
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Set fine wrong, total payable correct

by: acarman1 on
Sat Feb 04, 2017 7:27 pm

So I got a ticket for going 36km/h over in 100km/h zone.
The officer wrote my set fine as $215 and then total payable as $271.
After looking around the set fine should either be $6/km or $7/km...Either way the set amount appears to be wrong.
Just wondering if anyone knows my options?








jsherk
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by: jsherk on
Mon Feb 06, 2017 9:54 am

My opinion is that if you are sure it is a 5 and not a 6, then it is a fatal error.

However if you show up for trial they can correct it, so you need to NOT respond to the ticket, and keep your copy safe.

A JP will review the ticket because you did not respond, and if they notice the error they will quash it. If they do not notice the error, then you will be convicted. You will need to then pay the fine and go file for an APPEAL (make sure you file for APPEAL and not a re-opening). At the appeal trial, you show up with your copy of the ticket and show the Judge that the set fine was incorrect and that the JP should have quashed it.
+++ This is not legal advice, only my opinion +++


jsherk
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Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on
Mon Feb 06, 2017 11:54 am

This thread has a MISSING set fine and they won by not showing up:
http://www.ontariohighwaytrafficact.com/post43902.html

If the 5 could look like a 6 though, then there is a chance that the JP will not notice the error and you will get convicted and have to take it to appeal.

Can you scan and post ticket (personal/officer info blacked out).
+++ This is not legal advice, only my opinion +++


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