This is a great website you guys have here. Anyways, here is my story: I was driving on Highway 17 North, just past Sault Ste. Marie. It was still an 80mph zone. I was speeding, I know, wrong thing to do, and I learned my lesson from now on (this is my second ticket in 3 years, first was minor, 14km over, back in April 2011, which I simply paid). Anyways, an OPP car pulls out of a road ahead of me and as he is coming towards me, he lights up, pulls a u-turn and pulls me over. He asked for my licence, registration and insurance, which I give him. He comes back and says he could have ticketed me for $300, but he is giving me a break using his discretion and reducing it in half. Ticket says 114kmh in an 80kmh zone. Set fine on ticket is $127.50, plus the victim surcharge. I did some research on the set fines and couldnt figure out how 34km over added up to $127.50. Then, I come across and realize that the cop put the set fine under schedule "C" for Photo Radar, which works out at $3.75 X 34km. I always thought photo radar was taken from the street. The ticket says speeding under section 128. Maybe he had photo radar on his cruiser, I do not know, he never said. Anyways, I read that if he made an error, it can be quashed when the JP looks it over, and for that to happen is do nothing. Worst case scenario, they convict me, I appeal showing the error and they throw it out. Should I go this route?
This is a great website you guys have here. Anyways, here is my story:
I was driving on Highway 17 North, just past Sault Ste. Marie. It was still an 80mph zone. I was speeding, I know, wrong thing to do, and I learned my lesson from now on (this is my second ticket in 3 years, first was minor, 14km over, back in April 2011, which I simply paid). Anyways, an OPP car pulls out of a road ahead of me and as he is coming towards me, he lights up, pulls a u-turn and pulls me over. He asked for my licence, registration and insurance, which I give him. He comes back and says he could have ticketed me for $300, but he is giving me a break using his discretion and reducing it in half. Ticket says 114kmh in an 80kmh zone. Set fine on ticket is $127.50, plus the victim surcharge. I did some research on the set fines and couldnt figure out how 34km over added up to $127.50. Then, I come across and realize that the cop put the set fine under schedule "C" for Photo Radar, which works out at $3.75 X 34km.
I always thought photo radar was taken from the street. The ticket says speeding under section 128. Maybe he had photo radar on his cruiser, I do not know, he never said.
Anyways, I read that if he made an error, it can be quashed when the JP looks it over, and for that to happen is do nothing. Worst case scenario, they convict me, I appeal showing the error and they throw it out.
The correct set fine for 34 over would be $204 ($259 total payable), so he may have been looking at the wrong fine table. He wouldn't have had photo radar as that's no longer in use in Ontario. You therefor might be able to get your ticket quashed due to the incorrect set fine.
The correct set fine for 34 over would be $204 ($259 total payable), so he may have been looking at the wrong fine table. He wouldn't have had photo radar as that's no longer in use in Ontario.
You therefor might be able to get your ticket quashed due to the incorrect set fine.
Yeah, he most definitely looked at the wrong table. So, should I just ignore it then? What happens after the 15 days elapse? And, if the JP doesnt realize the mistake, what does the appeal process consist of?
Yeah, he most definitely looked at the wrong table. So, should I just ignore it then? What happens after the 15 days elapse? And, if the JP doesnt realize the mistake, what does the appeal process consist of?
You should know within 45 days or so--at least, it was in my case. To be honest, I'm not sure of the odds. I don't know the process well enough to know if the JP looks over everything or just glances at it. In my case I thought it would be quashed because the Total Payable was wrong, but I got convicted anyway. It may be different in your case because it was Set Fine.
You should know within 45 days or so--at least, it was in my case.
To be honest, I'm not sure of the odds. I don't know the process well enough to know if the JP looks over everything or just glances at it. In my case I thought it would be quashed because the Total Payable was wrong, but I got convicted anyway. It may be different in your case because it was Set Fine.
I received a ticket today for not having a muffler on my car. The muffler was starting to fall off 2 days ago so i took it off so it wouldnt break off and damage someone else's vehicle. the same day i ordered a new muffler on ebay. and now today i got a ticket for not having a muffler. the cop said…
I wrote this article in response to another post regarding an on-duty police fficer involved in an MVC a a result of what appears to be some boneheadedness on his behalf...but it's a good talking point...so I've reposted it here to get other perspectives...
Is there a way to get out of being subpoenaed for an accident in ontario. i searched here and found only one thread that was related but in that case the person had already been subpoenaed. ( i guess once you are sent the subpoenea then there is no way out ? - what if you travel out of…
Hi. I have been researching the law when it comes to introducing evidence to court. I have requested disclosure and am making a Charter challenge on the grounds that incomplete disclosure. In my research, I have discovered a book on radar use in North America, it is essentially the radar bible.…
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
Hi - I was looking for some advise for the above speeding ticket I got this afternoon. I was travelling in Newmarket on Davis drive making a left hand turn onto Bathurst. The office pulled me over for failing to stop on the yellow light. I told her I did not feel I could stop safetly, as it was…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket,…
Just wanted to get an opinion on a recent charge a received. (not seeking legal advise, just some educated opinions).
Background:
My wife and i live in the GTA and recently were down in the Windsor area (lakeshore, ontario just outside of Windsor) We are in the process of moving down…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been…
