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Red Light-proceed Before Green Hta 144(18)
Posted: Thu Apr 01, 2010 10:13 pm
by che1972
I just received a ticket for the above offence with a total payable of $235.00.
After doing some research Schedule 43, item 413 of the HTA indicates a set fine amount of $260.00 with I'm assuming a victim surcharge to be added on top of that.
Is there a chance that the Officer wrote the wrong fine amount and if so, do I have any options that can work in my favour?
Thanks in advance
Posted: Sat Apr 03, 2010 12:06 am
by Radar Identified
For 144 (18 ) Red Light - Proceed Before Green Should be:
$260 set fine
$325 total payable
What set fine did the officer enter on the ticket?
Looks like the ticket bears a fatal error to me. We've actually had some discussion over this... the procedure for dealing with it is quite illogical, for lack of a better expression. See this thread here:
http://www.ontariohighwaytrafficact.com/topic1851.html Outcome of the above case is pending. However here is one that was resolved. Discussion leading up to the appeal date:
http://www.ontariohighwaytrafficact.com/topic1598.html And then the resolution in Smith v. City of Toronto
Yeah, I know, the procedure doesn't make any sense... but that's what the law says. YIKES.
Posted: Sun Apr 04, 2010 8:43 pm
by che1972
Thanks for the info RADAR.
I did a search and came up with similar cases.
Looks like I'll simply ignore the ticket and deafault.
When the JP inevitably enters the conviction I'll appeal.
Where do I get a hold of all the case law and POA books? Library?
Posted: Mon Apr 05, 2010 3:07 pm
by Radar Identified
You can just search on-line.
www.canlii.org Or you can also search for the Provincial Offences Act. There are plenty of case law links in the threads, so you should be able to prepare a factum and your case just by downloading and printing the cases in the links. If not, any library should have them. Or if you're in Toronto, visit the University of Toronto's "Fort Book" library and just photocopy from there. Last time I checked, you didn't have to be a student to do so, only pay the photocopy fees...
Just be ready to get a conviction notice, then go in, pay the fine and appeal. The fine will be returned to you after your appeal.