Correct set and total payable fine but wrong offence


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akhan1
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Correct set and total payable fine but wrong offence

Unread post by akhan1 »

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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Re: Correct set and total payable fine but wrong offence

Unread post by jungaree »

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
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Re: Correct set and total payable fine but wrong offence

Unread post by jsherk »

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 +++


jsherk
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Re: Correct set and total payable fine but wrong offence

Unread post by jsherk »

Here is somebody that had this same issue and won:
http://www.ontariohighwaytrafficact.com ... tml#p39770
+++ This is not legal advice, only my opinion +++


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