55 km/h over in another province

Post Reply
speeeder
Newbie
Newbie
Posts: 1
Joined: Fri Sep 09, 2011 1:28 pm

55 km/h over in another province

by: speeeder on
Fri Sep 09, 2011 1:31 pm

I got caught going 55 km/h over in Alberta.

I was given a $350 ticket.

The cop told me I should pay the ticket because if I don't and it goes in front of a judge for non-payment it could result in a court date and larger fine because I was going more than 49 km/h over the speed limit.

Is this true?
Top

trademark
Newbie
Newbie
Posts: 5
Joined: Wed Sep 14, 2011 4:37 pm

by: trademark on
Wed Sep 14, 2011 4:40 pm

I have a ticket that is due in 10 days for going 55km/over.

I don't plan on paying it.

Aside from increase in insurance premiums, and having to pay the ticket, are there any additional fines that can be placed against me if this goes to court?
Top


User avatar
Decatur
Moderator
Moderator
Posts: 702
Joined: Mon Mar 14, 2011 11:31 am

Posting Awards

Moderator

by: Decatur on
Wed Sep 14, 2011 4:59 pm

A police officer in Ontario can not issue a ticket with a set fine for going 55 km/h over the limit. It's either a summons to appear in court under section 128 (speeding) or a summons under section 172 (stunt) in which case they would have seized your vehicle and suspended your licence at roadside.
Top


User avatar
Decatur
Moderator
Moderator
Posts: 702
Joined: Mon Mar 14, 2011 11:31 am

Posting Awards

Moderator

by: Decatur on
Wed Sep 14, 2011 7:07 pm

Thanks for editing the post to clear it up. Your record of conviction will be shared with the Province of Ontario and demerit points will be issued based on the Ontario point system. Likely the Province of Alberta will create a DL number for you in that Province and suspend your licence upon non-payment. This means that if you are caught driving in Alberta even on your valid Ontario licence you will probably be charged with driving under suspension.
Top

trademark
Newbie
Newbie
Posts: 5
Joined: Wed Sep 14, 2011 4:37 pm

by: trademark on
Thu Sep 15, 2011 12:08 pm

Thanks.

My main question is will Alberta be able to FINE me more than just the $350 ticket? The cop seemed to think the judge would be able to give me an additional fine for excessive speeding over 49km/h above the limit if I chose to fight the ticket.
Top

User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Thu Sep 15, 2011 8:38 pm

Depends on what administrative fees Alberta has for taking tickets like that to court. In some cases, if you lose, they can levy higher fines (e.g. Quebec), but I don't know what the situation is in Alberta.

FYI, there's reciprocity between the two provinces so if you fail to pay the ticket in Alberta, MTO is supposed to suspend your licence for the non-payment of the out-of-province ticket. It doesn't always work out that way, though. I'm starting to believe that the government of Ontario is unaware that it has signed reciprocity agreements for unpaid traffic tickets with numerous other jurisdictions based upon recent media reports, but whatever...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Top

trademark
Newbie
Newbie
Posts: 5
Joined: Wed Sep 14, 2011 4:37 pm

by: trademark on
Thu Sep 15, 2011 10:36 pm

Radar Identified wrote:Depends on what administrative fees Alberta has for taking tickets like that to court. In some cases, if you lose, they can levy higher fines (e.g. Quebec), but I don't know what the situation is in Alberta.

FYI, there's reciprocity between the two provinces so if you fail to pay the ticket in Alberta, MTO is supposed to suspend your licence for the non-payment of the out-of-province ticket. It doesn't always work out that way, though. I'm starting to believe that the government of Ontario is unaware that it has signed reciprocity agreements for unpaid traffic tickets with numerous other jurisdictions based upon recent media reports, but whatever...
the ticket is 20% more if i don't pay it by the deadline.

but does the government or the judge have any power to issue me another fine on top of that for excessive speeding?
Top

User avatar
Radar Identified
Moderator
Moderator
Posts: 2881
Joined: Mon Sep 08, 2008 8:26 pm
Location: Toronto

Moderator

by: Radar Identified on
Sun Sep 18, 2011 1:38 pm

Short answer: Yes. Alberta probably has some kind of power given to their judges in their equivalent of the Provincial Offences Act that allows them to do so.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Top

Post Reply
  • Similar Topics

Return to “Traffic Offences Outside Ontario”

Who is online

Users browsing this forum: No registered users and 1 guest