So despite my best efforts, I lost my trial in September. I immediately paid my fine and requested transcripts and filed my appeal. The transcripts were picked up and served in early November, around the 10th. I have not heard anything about this since then. Is this normal? They had no issues getting a hold of me for my disclosure or transcript notice so I imagine I would have received notice of my appeal date by now. Should I try to follow up or leave it be? Is it possible that they just want to drop the case based on my notice of appeal and transcripts? Also the traffic stop happened in Jan 2014 so despite a relatively speedy trial, this appeal has now brought the situation to almost 14 months with no resolution. So maybe I can look into a 11b?
So despite my best efforts, I lost my trial in September. I immediately paid my fine and requested transcripts and filed my appeal. The transcripts were picked up and served in early November, around the 10th. I have not heard anything about this since then. Is this normal? They had no issues getting a hold of me for my disclosure or transcript notice so I imagine I would have received notice of my appeal date by now. Should I try to follow up or leave it be? Is it possible that they just want to drop the case based on my notice of appeal and transcripts?
Also the traffic stop happened in Jan 2014 so despite a relatively speedy trial, this appeal has now brought the situation to almost 14 months with no resolution. So maybe I can look into a 11b?
Call the court office where you filed the appeal to find out what's going on. It may be that a notice was sent in error to you. You need to clarify that with the court; not the prosecution's office. Secondly, forget about doing an 11b on an appeal. The court guidelines that apply for trials are not applicable to appeals.
Call the court office where you filed the appeal to find out what's going on. It may be that a notice was sent in error to you. You need to clarify that with the court; not the prosecution's office. Secondly, forget about doing an 11b on an appeal. The court guidelines that apply for trials are not applicable to appeals.
Thanks. Guess it's semi-normal for it to take a while. The justice sided with the testimony of the police officer despite what I felt were mistakes in his testimony and idea of events.
highwaystar wrote:
Call the court office where you filed the appeal to find out what's going on. It may be that a notice was sent in error to you. You need to clarify that with the court; not the prosecution's office. Secondly, forget about doing an 11b on an appeal. The court guidelines that apply for trials are not applicable to appeals.
Thanks. Guess it's semi-normal for it to take a while.
ynotp wrote:
Care to share at what happened at your red light ticket trial and why you are appealing?
The justice sided with the testimony of the police officer despite what I felt were mistakes in his testimony and idea of events.
If your ticket was originally in Toronto, you can check the status of your case on the Toronto Court Case Look Up system Up system. I checked my most recent extension for payment and it updated same day.
If your ticket was originally in Toronto, you can check the status of your case on the Toronto Court Case Look Up system Up system. I checked my most recent extension for payment and it updated same day.
Well I got my appeal date and it's coming up soon. I haven't hired representation so hopefully I can present my case effectively. Hopefully I can find some sample HTA appeals to read through so I know what to expect.
Well I got my appeal date and it's coming up soon. I haven't hired representation so hopefully I can present my case effectively. Hopefully I can find some sample HTA appeals to read through so I know what to expect.
Posted transcript of original trial and the appeal we presented here: http://www.ontariohighwaytrafficact.com/topic7286.html It's for speeding but gives you something to work off.
Posted transcript of original trial and the appeal we presented here:
so this may be a dumb question but my transcript from my day of court doesn't contain mine or the prosecutions submissions. All it says is: "The Court: You can have a spot back over here again." "... Submissions by Mr. Me" "... Submissions by Mr. Prosecutor" then Reasons For Judgement.... Does that seem odd? can't i use the submissions portion for appeal?
so this may be a dumb question but my transcript from my day of court doesn't contain mine or the prosecutions submissions. All it says is:
"The Court: You can have a spot back over here again."
"... Submissions by Mr. Me"
"... Submissions by Mr. Prosecutor"
then Reasons For Judgement....
Does that seem odd? can't i use the submissions portion for appeal?
Hmm that's a good point. But I wonder if that part of the transcript is available anywhere as I imagine they'd have included it. It probably can't be used to get me off huh, since I did my part in paying for the transcript? They're theoretically screwing me by not having that part of the transcript...
jsherk wrote:
You could ask for the appeal to be re-scheduled as you just noticed the error.
Hmm that's a good point. But I wonder if that part of the transcript is available anywhere as I imagine they'd have included it. It probably can't be used to get me off huh, since I did my part in paying for the transcript? They're theoretically screwing me by not having that part of the transcript...
Well there might be something important in that section, but without it you have no idea. The trials are audio recorded so it should all be there. You will have to contact the court recorder who did the transcript for you and ask them why it was not included.
Well there might be something important in that section, but without it you have no idea.
The trials are audio recorded so it should all be there.
You will have to contact the court recorder who did the transcript for you and ask them why it was not included.
Had my appeal today, and i've been awarded a retrial. Didn't even mention the submissions part, wasn't needed. Hopefully this time I will do better to discredit the officer (or the justice will be more fair...). Unless now I can go for 11b haha.
Had my appeal today, and i've been awarded a retrial. Didn't even mention the submissions part, wasn't needed. Hopefully this time I will do better to discredit the officer (or the justice will be more fair...).
Well a re-trial is better than guilty!!! You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I asked you that question, you said bla bla bla instead which is different from what you said this time." I don't know the rules of perjury so I am not sure whether you can get all the testimony thrown out because they say something contradictory, or if it just helps bring a lot of reasonable doubt to what they said since it is different. Maybe somebody else can answer that (or maybe post that as new question). You should make a copy of the transcript from first trial so you can submit the original transcript as evidence if you need too.
Well a re-trial is better than guilty!!!
You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I asked you that question, you said bla bla bla instead which is different from what you said this time."
I don't know the rules of perjury so I am not sure whether you can get all the testimony thrown out because they say something contradictory, or if it just helps bring a lot of reasonable doubt to what they said since it is different. Maybe somebody else can answer that (or maybe post that as new question).
You should make a copy of the transcript from first trial so you can submit the original transcript as evidence if you need too.
You can basically start fresh again this time, however you can also ask questions or reference answers that the officer gave in the first trial. So if you ask the officer a question that you asked last time, and he gives you a different answer (that you don't like), you can say "In the previous trial when I asked you that question, you said bla bla bla instead which is different from what you said this time."
I don't know the rules of perjury so I am not sure whether you can get all the testimony thrown out because they say something contradictory, or if it just helps bring a lot of reasonable doubt to what they said since it is different. Maybe somebody else can answer that (or maybe post that as new question).
You should make a copy of the transcript from first trial so you can submit the original transcript as evidence if you need too.
I will be going to trial for my red light camera offence.
I'll be arguing two issues, centered on the fact that there are two essential elements of 144(18) - a) a vehicle approaching the intersection shall stop; and b) the vehicle shall not proceed until green. Both essential elements must be contravened beyond a reasonable doubt to be an offence.
1) My ticket says I (being the owner) am "charged…
I know that the RIDE program has been covered extensively in these great forums, but I have a question about the stop itself:
I recently was stopped for a RIDE Program and the officer asked me to roll the window down all of the way (I had it at half and could easily communicate with them). I told them that I could hear them just fine and they insisted I roll it down all of the way. Again I told…
Not sure the right place for this so if it needs to be moved please do so.
I was stopped today for 15 over the speed limit, I gave all the documents to the officer and he said he could not accept a photocopy of my ownership only the original I had a photo copy front and back and I had my plate sticker number with it.
he gave me a ticket for HWY ACT Section 7(5)(a) he said only the original would…
Hey! I'm from Sudbury Ontario. Hope that general talk is fine for this subject
I am very serious about looking for exact ruling about underfacing lighting
Section 14 clearly states:
Red and blue lights to the front restricted
(14.1) In addition to the lighting requirements in this Part, a police department vehicle may carry lamps that cast red and blue lights, but no other motor vehicle shall carry…
i was driving my dad's car when i was caught by the red light camera in Brampton. My dad would've to take time off work to go ask for a trial and then go to one.
Can i represent him? if yes, what do i need to do?
I was pulled over and told I went through a red light during a right turn. I learned through a friend who is a police constable that the one who pulled me over is new to the job (under a year, and possibly even the first month or two of real duty).
I was given a ticket for $180. I have some questions:
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I got a ticket for 'Disobey Stop Sign' in November of 2013 (in York Region), requested disclosure and went to court in August of 2014. At my first appearance, I did not plea but requested an ajournment to to consult legal advice. The JOP set the next appearance in September.
I contacted a paralegal about my options. He told me that on my next appearance, if the police officer did not show, the…
I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for motorists who drive at over 40 km/h at under 60 km/h zones, speed at 50 km/h at 60 to 90 km/h areas and…
Make big trucks go slower and the roads will become safer.
Obvious, isn't it? It's also obvious when you look out the window that the world is flat.
Last Monday, truckers in Ontario tried to mount a convoy to Queen's Park to show their opposition to electronic speed limiters. These devices, electronic chips in trucks' engine management systems, restrict speeds…
I was out on a four lane highway around Orangeville Ontario and I noticed a school bus coming south (I was going north). I kept my eyes on the bus in case it was going to stop. As I approached it, it was slowing down a little, but no lights, and especially no arm with the STOP sign. As I was just about to pass the bus, I still did not see the lights, nor did I see the STOP sign.
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
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I can't find the category for this post so I'm posting it here.
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