@ OP the fine indicated on your ticket is an "out of court" set fine. After you're found guilty by trial, they go to the Highway Traffic Act fine table which is slightly higher.
In your particular case, the 'out-of-court' calculation is as follows:
Set Fine = $3.75/kph x 26kph = $97.5
Victim Surcharge = $20
Court Fee = $5
Total = $122.5
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK198
Penalty
(14) Every person who contravenes this section or any by-law or regulation made under this section is guilty of an offence and on conviction is liable, where the rate of speed at which the motor vehicle was driven,
(b) is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit; 2005, c. 26, Sched. A, s. 17 (7).
The guilty verdict total fine is:
Set Fine = $4.50/kph x 26kph = $117
Victim Surcharge = $25
Court Fee = $5
Total = $142
There have been lot of decisions where defendants have actually appealed, because they felt the 128 (14) fines were unconstitutionally/indiscriminately higher than the ones on the ticket... but all have failed.
https://www.canlii.org/en/search/search.do?jId=on&all=speeding+set+fine
R. v. O’Neill, 2008 ONCJ 391 (CanLII):
http://canlii.ca/t/20lsv
[3] The prosecution seeks a penalty pursuant to s. 128(14) of the Highway Traffic Act (HTA) rather than the set fine. The defence takes the view that a fine above the set fine would be unfair as the defendant would be unjustly penalized for having exercised his right to a trial.
[4] The defence also submits that it should have been warned in advance that the prosecution would seek the higher penalty at trial. In the defendant’s view, the lack of prior notice further enhances the unfairness of a possible penalty, under s. 128(14).
[29] In my view, the issue of fairness has been determined by the Ontario Legislature when it did not include the possibility of a set fine as a sentence after a conviction at trial.
[41] The fine will be $224.00, as per s. 128(14) HTA. The court costs and surcharges as prescribed in the POA, will be added.
R. v. Weber, 2003 CanLII 72341 (ON SC):
http://canlii.ca/t/g1d7g
[34] In the circumstances, the appropriate fine that ought to have been imposed on the respondent upon his plea of guilty, having chosen the option of a trial -- or indeed after a full blown trial -- is $45 (the basic fine) + $5 (costs) + $10 (surcharge), for a total of $60.
[35] It will be observed that the fine payable after trial or upon a guilty plea at trial is greater than the set fine. If the respondent had been served with an offence notice for speeding 65 kilometres per hour in a 50 kilometre per hour zone and had pleaded guilty pursuant to ss. 6, 7 or 8 or deemed not to dispute the charge pursuant to s. 9 of the POA, the set fine of $42.50 ($2.50 x 15 = $37.50 + $5 costs) would have been imposed. To this the surcharge of $10 [page135] would have been added for a total fine of $52.50 as opposed to $60 as calculated above. Similarly, if he had pleaded guilty to speeding 99 kilometres per hour in a 50 kilometre per hour zone, his set fine would have been $299 ($6 x 49 = $294 + $5 costs). To this the surcharge of $60 would have been added for a total fine of $359. On the other hand if he had opted for a trial, the fine at conviction would have been $348 ($7 x 49 = $343 + $5 costs). To this the surcharge of $75 would have been added for a total of $423.
JPs have even had their rulings overturned when they DID NOT use the 128 (14) table, and tried to use the cheaper OcJ table.
R. v. Appiah, 2012 ONCJ 754 (CanLII):
http://canlii.ca/t/fv6pz
[1] The respondent pleaded guilty before the justice of the peace on February 27, 2012, at Old City Hall, Toronto to the offence of speeding 45 kilometres per hour in a 30 kilometre per hour zone contrary to section 128 of the Highway Traffic Act R.S.O. 1990 c. H.8. The Crown appeals the fine imposed by the justice of the peace.
[2] The issue on appeal is a narrow one. Does the justice of the peace have the authority to impose a set fine under the Provincial Offences Act R.S.O. 1990 c. P. 33 rather than the statutory fine under section 128(14) of the Highway Traffic Act?
[3] In my view, there is no such authority. The appeal will be allowed and the sentence will be varied to a fine of $45.00 along with costs and victim fine surcharge payable within 120 days.
[11] Thus, in my view, the decision of the learned justice of the peace cannot stand. The appeal as to sentence is allowed and the order will go accordingly.
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I also hope that your original ticket wasn't actually $90 set fine and $121 total for +26kph; that would have been a
fatal error, and you could've had the ticket tossed.
