Is this a fatal error? enough to get ticket thrown out? | GTAMotorcycle.com

Is this a fatal error? enough to get ticket thrown out?

M

moosehead

Member
So my friend and I are having a discussion about his recent speeding ticket, where I am trying to impart the wisdom I have received from reading these boards. He found an error on the ticket, and some site tells him it's enough to be thrown out. Here is the situation described by him

"the Gardiner is closed so i had to get onto dvp and i took Adelaide.. But at the end of the street it says 404 north with an arrow onto a ramp.. So i assumed it was the on ramp... Then a dude on a bicycle is crossing the ramp I'm like wtf so i didn't notice the 50 sign.. Anyways start speeding up assuming it was the highway already... I've never gone that way before.. Anyways.. ********* onto of the hill with a tripod.."

"‎84 in 50"

"actually I'm pretty sure i just got lucky.. the ticket is for 34 km/h over, but the fine is only $137.50 (+20) when it should be in the $250 range.. according to HTS sec 128 ... fatal error!"

All his words.

Then he read this http://ticketcombat.com/offences/fines.php#howcharged and is convinced that that error is enough to get the ticket thrown out.

I am not versed well enough in the law to guide him, so I thought I would ask for your opinions.
 
Did the officer reduce the ticket? little 'R' in the lower right-hand corner?
 
fighting it:
"were you going that speed?
- yes
- well, let us correct the officer's mistake and give you the increased amount you're supposed to get"

not fighting it
you pay
you get the increase on your insurance that rapes you for a few years.

unfortunately the 'i didnt see the sign' cant work

he'll prolly get it thrown out if he's really lucky
 
Give Redline a call, they can help you out.
 
LePhillou said:
fighting it:
"were you going that speed?
- yes
- well, let us correct the officer's mistake and give you the increased amount you're supposed to get"

not fighting it
you pay
you get the increase on your insurance that rapes you for a few years.

unfortunately the 'i didnt see the sign' cant work

he'll prolly get it thrown out if he's really lucky
Click to expand...

This is so awesome. "Your honor, I was going much faster than the speed indicated on this ticket, it's a fatal error that the officer recorded my speed lower than what it was, please throw the ticket out"
 
Incorrect Fine Amounts
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Is the amount of the set fine or total payable on your traffic ticket incorrect? If it was calculated incorrectly, this error will not be enough to get you charge dismissed at trial. Hold on. Slow down.The key words are "at trial". If you go to court and point out that the fine is incorrect, the justice will simply correct the error. It is not a fatal error. But you can make it a fatal error.
​
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And then they go on an explain HOW it becomes a fatal error, it has to be
- whether they dont pay attention to the fine amount
- or suck at math

and then you can possibly appeal to get it taken off...
if its worth his time (in the insurance cost in the long run) they i guess he can go for it!

Its gonna be quite time consuming i think​
 
Forget Redline, read London (City) v. Young, 2008 ONCA 429: http://canlii.ca/t/1x2n3

All you have to do is request a trial, but don't show up to the trial! IF YOU SHOW UP THE PROSECUTOR WILL AMEND THE CERTIFICATE!

In your absence the Justice of Peace will examine the Provincial Offense Notice (Certificate) and if there are fatal errors such as this, they will quash the charge.

IF they don't quash the charge, you can appeal and it get quashed citing London v. Young

It's paramount that you do not show up to trial, but that you request a trial... READ London v. Young for more information

Set Fine = $204
Victim Surcharge = $50
Court Fee = $5
Total = $259
 
We discussed this very topic before.
But now I can't find the information (probably deleted during the recent forum purge)

Basically, "No conviction if fine wrong, court rules"
DO NOT request a trial
Ticket will be quashed
And you are off the hook

If you're charged with speeding or other provincial offences, avoiding a conviction could be as easy as checking the fine on your ticket – then doing nothing, according to a ruling yesterday by the Ontario Court of Appeal.

In a 2-1 judgment, the court said an officer's failure to enter the correct amount in the "set fine" box on a certificate of offence means it is not "complete and regular on its face" and must be quashed by a justice of the peace.

The ruling applies primarily to people who exercise their option to do nothing after being served with an offence notice.
In these cases, after 15 days, a court assumes a defendant doesn't want to dispute the charge and the matter is left to be dealt with by a justice of the peace.

That's exactly what happened in the cases of 16 people charged with various offences in London, Ont.
In some cases, officers who handed out the tickets relied on fine schedules that led them, inadvertently, to miscalculate a "victim fine surcharge" added to every fine.

That miscalculation resulted in the total amount payable to the court being inflated, sometimes by $5 or $10.
Because the charts were in use for a decade, the province may have ended up collecting "millions" more than it was entitled to, contends Adam Little, a lawyer who began researching the issue while in law school and acted on behalf of the 16 defendants.

"It's been a very big problem for years and nobody realized it," Little said yesterday.
He added that anyone ticketed can check the Ontario Court of Justice website to see if their fine is accurate or ask a paralegal.
Click to expand...

Sources: http://www.thestar.com/news/article/434553--no-conviction-if-fine-wrong-court-rules
and
Canlii as posted above
 
MarcosSantiago said:
We discussed this very topic before.
But now I can't find the information (probably deleted during the recent forum purge)

Basically, "No conviction if fine wrong, court rules"
DO NOT request a trial
Ticket will be quashed
And you are off the hook



Sources: http://www.thestar.com/news/article/434553--no-conviction-if-fine-wrong-court-rules
and
Canlii as posted above
Click to expand...

Yup he's right. Same thing happened to me, I didn't request a trial just ignored the ticket, got convicted anyway and had to go to the courthouse and talk with a JP who was good enough to quash it there in front of me after i had to explicitly say what was wrong with the ticket.

Should have been quashed without me having to do anything, but i'm sure some clerk just happened to overlook the error... on purpose or not, who knows.
 
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