Procedures required to Appeal POA decision

camper66
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Procedures required to Appeal POA decision

by: camper66 on
Thu Mar 04, 2010 9:22 pm

Hi Everyone,

I received an unfavorable decision today regarding a speeding violation.

I wish to proceed with an appeal ( it's more fun then watching strap like American Idol :).

May I ask what is the first step and the appropriate form(s) required please .


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Radar Identified
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by: Radar Identified on
Sat Mar 06, 2010 8:38 pm

Step 1. Pay fine.
Step 2. Order transcripts.
Step 3. File appeal at courthouse.

However - in order for your conviction to be overturned, the Justice of the Peace must have erred in fact or erred in law. Translation: JP had to either have improperly interpreted evidence or failed to properly consider evidence brought before the court, or not correctly interpreted/applied the law. You must have a valid legal reason, usually this means you'd be able to find precedent supporting it.

Example of "error in law": One of our members has a ticket with the incorrect set fine on it. He fails to appear for trial, triggering the "default" procedure. JP convicts him, when the law required him to quash the ticket for the fatal error of incorrect set fine. He appeals, and wins, because the JP made an error in law.

Example of "error in fact": Officer testifies he did procedure "X" to test radar device at a distance of 25 metres. Radar manual says procedure "X" must be done at a distance of 60 metres or more, and procedure "Y" must be done as well, which officer admits he has not done. JP enters conviction even though testing was done contrary to the procedures spelled out in the manual. It appeals and goes before a Justice who quashes the conviction.

Having read the details of your case from previous threads, and the angles that you were pursuing with respect to your defence, IMHO your appeal is unlikely to succeed. But, it's your call.
* 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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