Possible Fatal Error?
So here is my situation, I was accused of speeding 87 km/h in a 60 km/h. Officer went to his car came back and said he would reduce it to 75 km/h in a 60km/h and had done so on the ticket.
I've looked at the total payable and it reads 52.50 and a set fine of 37.50
According to section 128 i should be paying 15x3($3 per km) = $45 + $5 court charges + $10 surcharges = $60 but total payable is 52.50.
I'm assuming that instead the officer did 12.5 (km over)x3 = 37.50 + 5 +10 = $52.50. Which means that I would be at 72km in a 60 zone, different from the ticket.
Is this not a fatal error?
Since I would be paying less than I actually should assuming I was doing 75 km in a 60 km zone, or 15 over the speed limit.
Or do fatal errors only apply in cases in which I am paying more than I actually should?
- hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
$52.50 is correct.
The courts use a set fine as approved/published, not what the HTA says.
1-19 kilometres per hour over the maximum speed limit 2.50 per kilometre
to find the above:
http://www.ontariocourts.on.ca/ocj/en/s ... /index.htmthen click on "highway traffic act"
then scroll down to "Schedule B"
- Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
hwybear is right - this is not a fatal error. The "set fine" applies if you pay out of court, and in this case, it is correct. The statutory fine (what you were quoting) could apply if you go to trial and lose, depending on the Justice of the Peace... although usually they also just give you the set fine.
http://www.OntarioTicket.com OR http://www.OHTA.ca
-
- Similar Topics
-
-
New post Fatal Error
by sunnyg1378 in General TalkLast post by sunnyg1378 Tue Apr 09, 2013 11:01 pm
-
-
-
New post Fatal Error?
by halfwaytree in Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signalLast post by admin Tue Jan 21, 2014 9:23 pm
-
-
-
New post FATAL ERROR?
by kkms in Courts and ProcedureLast post by Radar Identified Tue May 19, 2015 8:57 am
-
-
-
New post Fatal Error on Summons?
by ghj in Courts and ProcedureLast post by LAWguy Tue Mar 01, 2011 12:29 am
-
-
-
New post Fatal Error on the Ticket
by inbini in General TalkLast post by pwrsurge Mon May 31, 2010 12:04 pm
-
Who is online
Users browsing this forum: No registered users and 22 guests