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:
Fines for speeding offences
148.1 (1) In relation to a contravention of section 140, 146 (1), (3), (5) or (7), 147 or 148 (1), the Lieutenant Governor in Council may prescribe
(a) a fine amount, and
(b) a supplemental fine amount.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may prescribe
(a) different fine amounts for the different contraventions referred to in subsection (1), and
(b) supplemental fine amounts that vary in relation to the degree by which a person, in committing the offence, exceeds, by a prescribed rate of speed, the applicable speed limit established under section 140, 146 (1), (3), (5) or (7), 147 or 148 (1), as the case may be.
(3) A person who contravenes section 140, 146 (1), (3), (5) or (7), 147 or 148 (1) is liable on conviction to a minimum fine of not less than the aggregate of
(a) the fine amount prescribed in relation to the contravention, and
(b) the supplemental fine amount, if any, prescribed in relation to, and applicable to the degree of, the contravention.
(4) If, by means of a violation ticket defined in section 1 of the Offence Act, a person is charged with an offence under section 140, 146 (1), (3), (5) or (7), 147 or 148 (1) of this Act and the evidence proves the offence but to a different degree than that reflected by the supplemental fine amount included in the ticketed amount, as that term is defined in section 1 of the Offence Act,
(a) the person may be convicted of the offence, and
(b) the supplemental fine amount may be varied in accordance with the amount prescribed under subsection (2) (b) to reflect the degree by which the person exceeded the applicable speed limit.
(5) The owner of a motor vehicle who is liable under section 83.1 (2) for a contravention referred to in subsection (1) of this section is liable on conviction to a minimum fine of not less than the aggregate of
(a) the fine amount prescribed in relation to the contravention, and
(b) the supplemental fine amount, if any, prescribed in relation to, and applicable to the degree of, the contravention.
(6) If a violation ticket, defined in section 1 of the Offence Act, is issued to an owner of a motor vehicle in respect of an offence under section 83.1 (2) of this Act and the evidence proves the contravention of section 140, 146 (1), (3), (5) or (7), 147 or 148 (1), as the case may be, but to a different degree than that reflected by the supplemental fine amount included in the ticketed amount, as that term is defined in section 1 of the Offence Act,
(a) the owner may be convicted, and
(b) the supplemental fine amount may be varied in accordance with the amount prescribed under subsection (2) (b) to reflect the degree by which the applicable speed limit was exceeded.
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.
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