Summons to Defendant

[Hammie]

Reaching out to those that know and those that will just make stuff up. Need some assistance.

Generally a believer in do the crime , do the time. However today my significant other got dinged at 133 in an 80 so need to see what the options are on this transgression.

OPP was on median of 410 , car was northbound so assuming a radar clocking. Was issued a "Summons to Defendant under Section 22 of the Provincial Offences Act. Has a court date for Caledonia no set fine amount. Hwy Traffic Act Section 128.

Guessing all of the above is bad....

So

Can we still request disclosure and go through the regular drill?
Is the fine set at trial?
Is this serious enough to get representation or the regular mooks that fight these of fences?
What would the typical fine outcome be for a guilty verdict?
Is this a major ticket that is going to set her insurance carrier on tilt?

Any info suggestions appreciated.

One other thing-understand that the usual urban legends around ticket errors are just that and can be amended at trial. There are two areas on the ticket that have dates entered. On says "charged on Aug 25th. The other where the officer signed is dated Aug 24. That have any legs?

Thx

Hammie

 

[invictus43]

Well, a 53km/h over ticket is definitely a major offence in the eyes of your insurance company. 80km/h on 410 means it was a construction zone? I can tell you the fine for a 49km/h over ticket is in the neighbourhood of $300 plus victim surcharge ($60 or something..) and it's set at trial. In a construction zone, that's doubled. You can get representation if you think you have some excuse to get out of it. You could also just plea it down yourself and hope to get it reduced to something like 30km/h over, which would be a minor ticket to your insurer more than likely.

 

[imnothng]

Well, a 53km/h over ticket is definitely a major offence in the eyes of your insurance company. 80km/h on 410 means it was a construction zone?.

Not necessarily, the northern most part of it drops down to 80 a few clicks before it merges with hwy 10.

I thought 50 over was HTA 172 and cops didn't have a choice of wether or not to lay those charges. Getting a summons was how it was done in the past.

 

[Hammie]

It was at the North end where it drops to 80k. Apparently the Officer suggested he could impound the car but issued the Summons instead.

 

[coyo]

Can we still request disclosure and go through the regular drill?
Yes

Is the fine set at trial?
The fine is set by HTA s.128(14)(d) which is $9.75/km over the limit if the speed was 50 kph or more over the limit. In this case, you're looking at $516.75 plus victim surcharge and court costs if convicted of 53 over

Is this serious enough to get representation or the regular mooks that fight these of fences?
This is big for insurance, I'd get representation depending on what the disclosure shows

What would the typical fine outcome be for a guilty verdict?
See above

Is this a major ticket that is going to set her insurance carrier on tilt?
Likely

One other thing-understand that the usual urban legends around ticket errors are just that and can be amended at trial. There are two areas on the ticket that have dates entered. On says "charged on Aug 25th. The other where the officer signed is dated Aug 24. That have any legs?
What date and time did this happen?

I thought 50 over was HTA 172 and cops didn't have a choice of wether or not to lay those charges. Getting a summons was how it was done in the past.

Speeding is speeding and s.128 has provisions for speeding over 50 kph over the speed limit. Discretion can still be employed as to which charge to lay.

Tickets can only be issued for offenses where a set fine is established (and that set fine must be under $500). 50 kph or more over the limit doesn't have a set fine (even though there is a fine schedule) and for 52 kph over the fine schedule exceeds $500 therefore a summons is served .

 

[Hammie]

Thx for the detailed info Coyo. Ticket was yesterday 9am ish. So the top portion of the summons where it states the charge is correct date . The bottom portion where the officer signs is dated the 24th the day before the actual offence.

 

[coyo]

Thx for the detailed info Coyo. Ticket was yesterday 9am ish. So the top portion of the summons where it states the charge is correct date . The bottom portion where the officer signs is dated the 24th the day before the actual offence.

I can't give you a definitive answer on this other than to say I THINK you'll have nothing to stand on here. The summons merely compels you to court and amendments can be made. In the case of a ticket, there is no required court date (you can just pay the ticket) so there's more weight given to the ticket having to be accurate. That the offense date is the correct one makes me further think that this won't help you. My opinion ONLY, I'm sure someone else may know.

 

[iFly55]

fatal errors do not apply to Part III summons, you are commanded to appear in court

Part III summons now allows for a maximum fine of $50,000 and prospect for imprisonment

guilty conviction of +50kph also includes an automatic 30-day license suspension under S. 128

Suspension of licence on conviction

(15) Subject to subsection 207 (7), where a court has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, the court may,

(a) suspend the driver’s licence of the person for a period of not more than 30 days;

(b) upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days;

(c) upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year. 2005, c. 26, Sched. A, s. 17 (9).