Correct Set And Total Payable Fine But Wrong Offence
Hi,
Hoping I can get some advice on the following situation:
Just got a speeding ticket today (December 6th 2015) in Mississauga near terry fox and eglinton. I was told by the officer that I was doing 84km in a 50km. I didnt say anything, just presented my licence and registration. He came back and said, and I quote "I will give you a concession. You were 34km above limit, which comes with 4 demerit points and $250+ fine. I will make it just 15km over, which has no points, and set fine of $52.50" I took the ticket and he drove off.... After reaching home, I saw the ticket more carefully, and i noticed that even though he got the set fine ($37.5) and total payable ($52.50) correct (google tells me that is the fine for going 15km over limit), under the "did commit the offence of" he wrote "speeding 75km in a posted 50 om zone"..... instead of writing 65kmh........ given that he specifically mentioned the fine of $52.50 and said I wont get any demerit points (not true for being 25km over), I am pretty sure the office just made a mathematical error...
question.. is this a fatal error ? should I appeal and fight in court ? or simply do nothing as many have suggested for fatal errors (if this is one)...
will appreciate your thoughts/comments on this...
Re: Correct Set And Total Payable Fine But Wrong Offence
Non-Fatal Errors
The following errors are not fatal and won't get your traffic ticket thrown out:
misspelled name, incorrect address, wrong driver's licence number;
incorrect location;
incorrect date or time;
wrong licence plate;
wrong vehicle color or description;
incorrect set fine or total payable amount. (You can make this a fatal error, see Incorrect Fine Amounts.)http://ticketcombat.com/offences/fatal.php
Re: Correct Set And Total Payable Fine But Wrong Offence
Yes it is a fatal error because the SET FINE does not match the charge. The charge on the ticket is for 25 over but the fine amount is for 15 over.
NOTE: That if you show up for trial they can fix it, so for this to be a win, you need to NOT show up for trial.
How have you handled this so far? Did you respond to the ticket?
Re: Correct Set And Total Payable Fine But Wrong Offence
Here is somebody that had this same issue and won:
http://www.ontariohighwaytrafficact.com ... tml#p39770-
- Similar Topics
-
-
New post Set fine wrong, total payable correct
by acarman1 in General TalkLast post by jsherk Mon Feb 06, 2017 11:54 am
-
-
-
New post INCORRECT total payable w/ CORRECT set fine-9.1 conviction
by HTARep in General TalkLast post by Radar Identified Sun Apr 08, 2012 12:29 am
-
-
-
New post Incorrect Set Fine, but correct Total Fine - Fatal?
by admin in General TalkLast post by admin Sun Jul 12, 2015 7:51 pm
-
-
-
New post Incorrect Set Fine but Correct Total - Speeding 23km/h over
Last post by daggx Sat Nov 09, 2013 3:37 am
-
-
-
New post Speeding - what should the set fine and total payable be?
by Keroba in Courts and ProcedureLast post by Radar Identified Sat Mar 12, 2011 4:15 pm
-
-
-
New post Careless driving & total payable fine
by TRM in Careless DrivingLast post by Stanton Sun Nov 23, 2014 12:39 pm
-
-
-
New post Is the wrong Total Payable still a fatal flaw?
by azdjedi in Courts and ProcedureLast post by jsherk Sat Apr 05, 2014 8:51 am
-
-
-
New post Incorrect Set and total Payable fine... Fatal error ?
Last post by akhan1 Mon Dec 07, 2015 2:03 pm
-
Who is online
Users browsing this forum: No registered users and 50 guests