Correct Set And Total Payable Fine But Wrong Offence
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...
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
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?
Here is somebody that had this same issue and won:
http://www.ontariohighwaytrafficact.com ... tml#p39770-
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