About the Speeding Ticket
For most speeding tickets a police officer will issue to you a traffic ticket with a fine.
The proper legal name for the ticket is “an offence notice or certificate of offence”.
The speeding ticket will have your information on it, the amount of the speed, the date and location, and in most cases it will have two prices on it. The first fine is called the “set fine”, the other amount is called the “total payable”. The total payable is higher than the set fine and is the total cost of the speeding ticket. The government adds a “victim fine surcharge” to every traffic ticket issued in Ontario. The money collected by this form of taxation is used to help the victims of crimes.
If you are caught speeding more than fifty (50) Kilometers per hour over the speed limit the officer can issue to you a summons commanding you to appear in court before a Justice of the Peace. The officer gives the summons because the speed recorded was so high that there is not an out of court settlement or set fine for the offence. The government, and the courts want the driver to appear before a Justice of the Peace to respond to the charges involving high speeds..
Speeding tickets with fines only go up to 49 kilometers per hour, after reaching speeds over 50 kilometres per hour the officer must issue a summons commanding the driver to appear in court.
Any speeding ticket issued by a Police Officer has to be properly written.
The legal term is that the speeding ticket has to be “proper on its face” meaning no “fatal errors”. Proper on its face means that the traffic ticket is correctly written by the officer, without any fatal errors that are not fixable or excusable by the courts.
Minor mistakes can be corrected on speeding ticket at court by the prosecution, or prosecutor, but fatal errors cannot. For example, there maybe a mistake in the spelling of your name or the year of the car. Minor errors on speeding tickets can be corrected on the trial date by the Justice of the Peace, or prosecutor and is not a fatal error.
Fatal errors are mistakes that will get the speeding ticket cancelled because they are not fixable by the prosecution.
A mistake like the officer not putting his name on the traffic ticket is considered a “Fatal Error” and upon application by the defendant or his agent the Justice of the Peace may “quash” or cancel the ticket.
This is why court representation needs to be done by a qualified person such as the former police officers of Ontario Traffic Tickets. Although a speeding ticket may have a fatal mistake on it. It is crucial to know what to do about it, for example when do you make a "motion to quash", when do you not to file the traffic ticket and when do you not "atourn to the jurisdiction".
If you do not understand what meant these terms and fatal errors like, filing dates, set fines, and issues such as jurisdiction then you need help to fight your speeding ticket. There are at least ten items that have to be on the traffic ticket for it to be proper before the court. You should always seek competent representation from the former traffic officers of Ontario Traffic Tickets who know all the fatal errors for a speeding ticket, otherwise you risk being convicted of speeding where your case could be won.
Motions to the traffic court have to be made out properly. The motion has to be presented to the Justice of the Peace detailing why the ticket is improper and explaining the fatal error. Only then would the Justice of the Peace consider the application to cancel the speeding ticket. Unless the defendant or his agent can present and argue the motion properly to the traffic court a fatal error may not be considered.
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