Motion for Appeal granted, conviction overturned!!!!! I WON!

Off_Camber
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Motion for Appeal granted, conviction overturned!!!!! I WON!

by: Off_Camber on
Tue Dec 15, 2009 2:40 pm

Certificate QUASHED!!!! :) 32km over the posted 90zone-wrong fine amount of $120set fine and 150 Total Payable-(shouda been $192 and total $232)

went for my appeal hearing @ Old City Hall
Smith v. City of Toronto :lol:

showed up with my arsenal.( I even managed to prepare a factum) Prosecutor tried arguing London v Young is different than my case as the London v. Young the defendandts never responded where as in my case I chose option 3 and failed to appear.
then I submited that in (Corporation)City of Barrie v. Porter,
[13] The person charged with an offence under the Act has a variety of options (plead guilty, plead guilty with an explanation or request a trial date). One factor that may influence the decision is the amount of the set fine. Even if an accused person requests a trial, he retains the option of not appearing and relying upon the presiding justice of the peace to determine if the certificate of offence (which is almost an exact copy of his offence notice) is “complete and regular on its face”.

and whether I chose option 3, I still failed to appear which triggers the same effects as not responding.
then in EXACT words from the prosecutor- he "conceded", admited the certificate wasnt complete and regular on its face, was defective and agreed.

Justice Liebman presiding than says My Motion for appeal is granted, the conviction overturned and the certificate is quashed.


And no lie, the judge had this smile on his face like ( so did I when he uttered the words Quashed--LOL) that he knew exactly what my strategy was.

when I left the prosector gave me the thumb up as i was leaving.

I feel good today...
now lets see how long City Hall takes to refund my $160. wonder if they do it within the same 30 days as they gave me on my conviction notice when they mailed it.

And to All those who offered there help and guidance here, a BIG THANK YOU! for all your advise and links. Goes to show that the average individual can fight and win with effort and educating oneself and conducting research.
And my advise to anyone ever issued a Ticket. if your going to plead otion 2- invest some time into reasearch and go for Option 3. Imagine if everyone who received a ticket filed for #3 just how backlogged the courts would be and how many would get thrown out on that premise alone.


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Radar Identified
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by: Radar Identified on
Tue Dec 15, 2009 2:55 pm

Congratulations on a job well done, Off Camber! You worked hard for that one and deserved the win. NICE! :D
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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Reflections
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by: Reflections on
Tue Dec 15, 2009 5:50 pm

Where is that whistling and shouting emoticon????? Good Job.

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


Off_Camber
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by: Off_Camber on
Tue Dec 15, 2009 7:54 pm

Reflections wrote:Where is that whistling and shouting emoticon????? Good Job.

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thanks! hey that two thumbs up dude looks like you found him on a used car lot in Las Vegas :lol: :lol:


amcamx
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by: amcamx on
Tue Dec 15, 2009 8:26 pm

Nicely done! Congrats! 8)

While a win is a win, it's always a little more gratifying when your hardwork and effort pays off (as opposed to being totally unprepared and having the cop/witness not show up).

My co-workers and friends laughed at me and shook their heads in disbelief over the amount of time I spent on my case but yo and behold all the criticism suddenly vanished and an unspoken amount of respect suddenly appeared once victory was mine.

Once again my hats off to you! From the amount of effort required, you earned it.


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by: SmokeScreen on
Wed Dec 16, 2009 12:08 pm

Nicely done! The more I read here the more I learn, I never could have imagined the various strategies that exist.


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Keroba
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by: Keroba on
Thu Feb 11, 2010 5:42 pm

Well played Off_Camber, well played!

Did you go to any website to tell you in what form a s.135 appeal should be? If so, could you please send it on (or others if they know)?

I think you mean Justice Rick N. Libman. I always like to check the list of judges/JP's, so I know which one I get. There's plenty at Old City Hall, not as many in my neck of the woods. That report goes to the end of 2007, and you can then check the AGO's site to see any appointments since then (they usually have press releases for any justice or JP appointment).

What were the timelines in your case, if you don't mind me asking? Specifically, what was your offence date, and then what was the initial conviction date? How soon after the latter did you receive a letter telling you about it?

Thanks, and again, good work!


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Keroba
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by: Keroba on
Thu Feb 11, 2010 5:59 pm

Justice Libman is one of the "heavies" of the Ontario Court of Justice, for sure. The guy literally wrote the book on how to adjudicate Provincial Offences trials in Ontario. Much of the caselaw leading up to London v. Young et al, started with his R. v. Khoshael decision in 2001.


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