Two tickets- Can I Appeal for One

myticket
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Two tickets- Can I Appeal for One

Unread post by myticket on

Hi, I got two traffice tickets, I went for trial. The prosecutor withdraw one and I got convicted for the other.

I filed appeal against the conviction, my court date is in Feb.
Someone has told me that if I get two tickets at the same time, and I go for appeal for only one ticket, they will reinstate the charge for the other ticket too.

Is this true?

Please help me. I don't want the other charge to reinstate and if this true, I will simply withdraw the appeal.


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Traffic Law
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Unread post by Traffic Law on

If prosecution withdrew the charge they can not reinstate it at the appeal.

Did you actually have a trial? Sounds like you have pled guilty to one charge and prosecution withdrew the other.....If this is the case then what are your grounds for an appeal?


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Unread post by myticket on

Thanks for the reply.
I didn;t plea guilty or bargain for a lesser charge. I had a trial.

I had two charge:

Failure to move to lane for emergency vehicle
Failure to seat belt for passenger under 16.

During the trial prosecutor asked the Cop is he saw the passenger without seatbelt when the vehicle moving and he said no. He only noticed the passenger when he came to my window.

Upon this the prosecutor withdraw the charge even before I had any question to the Cop during the trial.

But I had trial about the other charge and was convicted by the Justice of Peace.

Do you still think they can not reinstate the charge.

Thanks


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Unread post by Traffic Law on

Prosecutor withdrew seat belt charge because officer did not have any evidence to support it at trial. They cannot reinstate it later as retrial on the same issue will not result in anything different.


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Unread post by Traffic Law on

Proper way of dealing with (from prosecution's view) was to invite JP to dismiss the seatbelt charge but it will not matter at this stage.


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hwybear
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Unread post by hwybear on

moved below post to keep on topic
myticket wrote:Hi,

Finally I have ordered a transcript for the trail. But I just received a Fax for Notice of time and place for Appeal Court.

I want to adjorn the appeal Court date until I received my transcript. What is the procedure for that. Can someone please help me.

Thanks
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


myticket
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Unread post by myticket on

I have received my appeal court date, but havn't ordered my transcript. I can not afford to pay any more money after paying $490 fine.

I was on the internet and found that we can pleas bargain with the prosecutor for a lesser charge before the appeal court date. I read some cases where they did not ordered the transcript and just plea guilty for a different charge.

Has anyone done this. Should I or (any paralegal) contact the prosecutor before the appeal court date?

I am hoping for a reply please.


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Unread post by racer on

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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Unread post by myticket on

Ok, If I order the transcript, what next?
I am very confused with the appeal court procedure. Can anyone briefly explain some simple steps. What else I need and when to submit in the court. All the step I need to take before the court appearance.

I talked to a parallegal and he needs my transcript. I only have three weeks left. and I am not sure about the prosedure. A lot of streess. I am even thinking of withdraw my appeal.

and not sure this as well. LOL


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Unread post by myticket on

Just an update,

I ordered the transcript three week before, and my appeal court date is next week. I called the court office about transcript and its not ready yet. So I am going to adjorn the appeal court date.

I will get some professional advice and will fight no matter what.






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