Q&A - Can't Reduce Speeding Fines
I found that you posted that "the MVA requires that the JP impose the fine legislated for the speed being travelled. If they find between 20 and 40 over, for instance, they must impose the $196 fine and cannot reduce it." I cannot find where in the MVA legislation it states this.
I am curious as there are several reports of Officers saying that they are handing out a lesser fine to make you feel like you could have been given more so you should just pay it.
I was given a $135 fine and the officer said she could have given me a Dangerous Driving offence, but chose not to due to my driving record. Is this legal?
I know I was not going 23 over the speed limit. I never speed.
Here is what you are after:
The fine amount and the supplemental amount spoken of in this section are found in the Violation Ticket Administration and Fines Regulation, Schedule 3.
The officer does have some discretion over what ticketed amount they write on the form. I was never comfortable bumping the penalty up to the next level until the vehicle was at least 5 km/h into it, but it is up to the officer.
I didn't say anything about it when I served the ticket unless the driver asked me about it.
If you were written for between 1 and 20 over and disputed where the justice found that you were really traveling between 21 and 40 over the law requires them to impress the legislated penalty, which is higher.
I've heard that some do and some don't follow the rule.
My experience is that they stayed with what was written on the form, but I have only testified before a small number of traffic court justices.