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So I lost.

The judge said the Total Payable looked liked $359 even though it's quite clearly written as $355. I think he was biased because of the charge and refused to compare the 5 with the rest of the 9's on the ticket to show that it was indeed not even close to how the officer writes 9's and in fact looked much more like every other 5 on the ...

Anybody have any info on this?

Thanks.

Hi,

I'm wondering if anybody has any new cases surrounding the fatal flaw of total payable. The last case I know of where that was a valid defence to have the ticket quashed was "- R. v. Monahan et al., 2009 (2009oncj298)" but that was over ruled by 2012oncj773.

My story:
The Set Fine was correct but the Total Payable was wrong so I ignored the ...

I've already filed for appeal and my court date is in one month. I'm just looking for suggestions/advice on how to handle the case.

UPDATE:

So my ticket was NOT quashed and I had to pay the fine. I filed for an appeal and my court date is in one month so I'm revisiting all of this stuff to prepare for my case.

On Aug 2nd (4 months after my initial ticket), I paid the fine of $384 that they sent me in the mail. There was a $30 late fee charged on top of the listed $354 ticket ...

I'm also going to bring to the judge the fact that the total payable was not only incorrect but the actual fine that they sent me after being convicted was wrong -- not only wrong from the perspective of what I should have been paying, but also a different value from the actual ticket. The whole thing is just a "payable" mess and I think that's ...

Does anybody know of any updates to the s9.1 failing to work because the wrong Total Payable is no longer a fatal flaw?

My hearing is coming up in a month and I'm doing some final research for my case.

Sweet.

Do you think they will grant me an extension if I tell them the reason I didn't file within 30 days was because I was defending myself and it took me time to gather what I needed. I was unaware I only had 30 days; I know ignorance isn't a defence, but in this case justice wouldn't be served by not granting an extension.

You should know within 45 days or so--at least, it was in my case.

To be honest, I'm not sure of the odds. I don't know the process well enough to know if the JP looks over everything or just glances at it. In my case I thought it would be quashed because the Total Payable was wrong, but I got convicted anyway. It may be different in your case ...

What was your "reason for appeal"?

Awesome! That Extension form is exactly what I was needing...thanks daggx!

On the Appeal form, question "15. The appellant wants the appeal court to". Should I check "not guilty" or "other" and write in "quash"?

Thanks bend.

There are no transcripts...I ignored the original ticket so I could appeal under s9.1. But I guess that's just a detail in the larger picture of having to write out my case in full, ya?

So I just learned that I have to file an appeal within 30 days of being convicted. I was convicted back in May...am I screwed?

Does anybody know how the appeal process works specifically? Do I fill out a bunch of forms to be granted access to a judge, at which point I tell my appeal story...or do I fill in my story on paper, they read it and ...

Check out this post for how to deal with this...

http://www.ontariohighwaytrafficact.com/topic2521.html

Thanks again Daggx

Anybody have any input on the best way to appeal this?

Thanks

Hey,

I've been convicted of speeding. Originally I was advised from users here (thanks all) that I should do nothing because the Total Payable was wrong, then go through the appeal process, blah blah blah. Anyway, I got convicted. I think the new rulings are that Total Payable can be wrong as long as Set Fine is correct. So I'm wondering how I ...

According to this case I can no longer use the "total payable" as a defence to appeal this case in the hopes of having it quashed.

So I'm wondering if anybody has any suggestions on how I should proceed?

If I appeal saying it should have been quashed then I'm afraid it will just get dismissed
If I appeal saying I want to argue the facts then they ...

Thanks Daggx. I filed for re-opening (saying that the conviction was sent to the wrong address...which it was because I moved) but the JP denied the request. So when I go back to the court house I will ask for an appeal sheet.

Is it still worth going through all this trouble now that Hollywood has pointed out it doesn't work anymore? My fine ...

I'm now in this situation. I've been convicted after doing noting. I'm about to go to Markham st to reopen the case. Should I explain to the JP what's up or just request a re-opening? Can they ammend the ticket if I bring up the error or could he quash the ticket and cancel the conviction right there?

Am I crazy or is it obvious that his 9's are 9's and his 5's are 5's??

Thanks. Should I move this thread?

Isn't the original just a carbon copy (or whatever they use these days)? It should be literally identical, no? Mine is definitely $355, it's unmistakable if you compare his 5's with his 9's. Also, I know this isn't evidence per se, but when I called Edward St and spoke with the employee there I asked her how much ...

Hi,

I got a speeding ticket and the cop wrote $355 on the ticket even though it should have been $359. I got it on April 4th and just today (11 days later - or 10 if you consider the fact that the actual offence date was April 5th (he wrote the wrong date as well)) did it appear in the Toronto.ca online payment system. The amount due is $359. How ...

I suppose its a $5 court fee and $25 victim charge

Hi,

I got a texting ticket, went to court but lost. In trial the judge fined me $125 and the prosecutor agreed. They gave me 30 days to pay. I just realized on the Notice of Fine and Due Date letter that the Amount Due is $155. Is there a $30 charge I'm unaware of? If the fine is just plain wrong is there anything I can do?

Thanks

Amazing! Thanks daggx!

I just read the ruling on http://www.ontariocourts.on.ca/decision ... CA0429.htm and it speaks of errors in the "set fine" area...it doesn't mention the "total payable" which is where my error is. Ugh...

Thanks for your advice.

As the website says, forcing the fatal flaw seems risky, but I'm not sure why because it also says: "However, if they don't kill the traffic ticket, you then have an opportunity to appeal based on an error of law: the justice should have quashed the traffic ticket based on POA section 9(1)b,". To me that means I get 2 ...

It's definitely a 5.

So what should I do? Should I defend myself by ignoring the date thing and then saying I obviously wasn't there on the 4th? Will that work? I mean, obviously the cop pulled me over at SOME point. I'd be getting off on a technicality, that his testimony was the 4th even though it was the 5th.

Hi, thanks for reading. I've read a bunch of articles online and searched the forum to try and find my answers but I'm still unsure so I'm creating a new thread.

I was following a car that was going SUPER fast down the DVP but I got pulled over. I was speeding, too; however I don't want to use the "you got the wrong guy" defence because I'll ...