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

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akhan1
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Joined: Sun Dec 06, 2015 3:59 pm

Correct Set And Total Payable Fine But Wrong Offence

by: akhan1 on

Hi,


Hoping I can get some advice on the following situation:


Just got a speeding ticket today (December 6th 2015) in Mississauga near terry fox and eglinton. I was told by the officer that I was doing 84km in a 50km. I didnt say anything, just presented my licence and registration. He came back and said, and I quote "I will give you a concession. You were 34km above limit, which comes with 4 demerit points and $250+ fine. I will make it just 15km over, which has no points, and set fine of $52.50" I took the ticket and he drove off.... After reaching home, I saw the ticket more carefully, and i noticed that even though he got the set fine ($37.5) and total payable ($52.50) correct (google tells me that is the fine for going 15km over limit), under the "did commit the offence of" he wrote "speeding 75km in a posted 50 om zone"..... instead of writing 65kmh........ given that he specifically mentioned the fine of $52.50 and said I wont get any demerit points (not true for being 25km over), I am pretty sure the office just made a mathematical error...


question.. is this a fatal error ? should I appeal and fight in court ? or simply do nothing as many have suggested for fatal errors (if this is one)...


will appreciate your thoughts/comments on this...

jungaree
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Joined: Tue Mar 15, 2016 12:34 am

by: jungaree on

Non-Fatal Errors


The following errors are not fatal and won't get your traffic ticket thrown out:


misspelled name, incorrect address, wrong driver's licence number;

incorrect location;

incorrect date or time;

wrong licence plate;

wrong vehicle color or description;

incorrect set fine or total payable amount. (You can make this a fatal error, see Incorrect Fine Amounts.)
http://ticketcombat.com/offences/fatal.php
jsherk
High Authority
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Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on

Yes it is a fatal error because the SET FINE does not match the charge. The charge on the ticket is for 25 over but the fine amount is for 15 over.


NOTE: That if you show up for trial they can fix it, so for this to be a win, you need to NOT show up for trial.


How have you handled this so far? Did you respond to the ticket?

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