A place to discuss any general Highway Traffic Act related items.

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leeoswald
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Speeding 60km/h In A 50km/h Zone ---- Fatal Error?

by: leeoswald on

hi guys happy new years


i got charged going 60km in a 50km/h zone


- dont know how this is possible as my beater struggles to get to 60km/h!


anyways...


the ticket says


Fine : 25$


total fine - 40$


..... but shouldn't it just be 35$??? since the victim surcharge fee is only 10$ in this case?


let me know what you think!


is it worth fighting this ticket??


I already have.... failure to surrender license, and failure to wear seatbelt already...


so this will be charge 3


I dont see how i can beat this charge... and its only a 40$ ticket but the insurance increase is going to be super lame


cheers!!

daggx
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by: daggx on

Unfortunately all tickets also come with $5.00 court fee on top of the fine and victim surcharge, so the $40.00 total is correct. As for whether it is worth fighting or not depends how much effort you want to expend on a case you might not win. Also was the ticket reduced from a higher speed, because if it was, they can request that it be amended back up to the original speed you were clocked at if you go to trial. Normally for a minor ticket like this I would say don't bother, but since it will be your third it might be worth filing for court and requesting disclosure, if nothing else it will keep it off your record for another 10 months or so until your court date, and you might find something in the disclosure to help you beat the charge. Out of curiosity how long ago did you get the other two tickets? If they are over three years old your insurance company might not count them against you at renewal time.

leeoswald
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Joined: Sat Jan 05, 2013 4:33 pm

by: leeoswald on

daggx wrote:Unfortunately all tickets also come with $5.00 court fee on top of the fine and victim surcharge, so the $40.00 total is correct. As for whether it is worth fighting or not depends how much effort you want to expend on a case you might not win. Also was the ticket reduced from a higher speed, because if it was, they can request that it be amended back up to the original speed you were clocked at if you go to trial. Normally for a minor ticket like this I would say don't bother, but since it will be your third it might be worth filing for court and requesting disclosure, if nothing else it will keep it off your record for another 10 months or so until your court date, and you might find something in the disclosure to help you beat the charge. Out of curiosity how long ago did you get the other two tickets? If they are over three years old your insurance company might not count them against you at renewal time.


Hi there


Thank you for responding - sincerely appreciated


It is my third ticket


- first one was November 2010, pulled over for running red light - had no idea license expired

Two charges reduced to one - failure to surrender license... Resolved early 2011


Second was summer 2011 - seatbelt


Seeing as it is now 2013, should I just suck it up and pay? The first ticket should come off in a year?


I'd like to delay the ticket and pay later - so the increase doesn't affect insurance



But I don't want to make a big hassle n have them increase the fine.


Please advise

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

by: jsherk on

Total Payable = Set Fine + Victim Surcharge + $5.00


In my opinion you should ALWAYS ALWAYS ALWAYS request a trial date with officer present because it gives you more time to think about what you want to do AND lets you request disclosure of the officers notes to see if there are any issues (like did not test radar unit) AND lets you make sure the Certificate of Offense was filed within 7 days. You can always choose to just not show up to the trial date, so it does not impact you negatively at all.


Also if everybody in Ontario that got a ticket requested a trial date, then it would back up the system enough that we would all get off on Charter violation right to speedy trial.


*** This is not legal advice, just my opinion. ***

+++ This is not legal advice, only my opinion +++
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