To appeal or not to appeal?

S1Nc3R3
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To appeal or not to appeal?

by: S1Nc3R3 on
Mon Aug 27, 2012 8:13 pm

I was convicted today of driving while under suspension. I lose my license for 6 months and have 1000 fine plus 250 in court fees..

I received a speeding ticket in December 2010. My license was suspended April 28 2011. I was pulled over for speeding and charge with driving under suspension May 10 2011. Today August 27th 2012 I was convicted.

I believe now after the fact more could have been done by my lawyer to prevent this from happening and facts were misunderstood by the JP.

I received the notice that my license had been suspended in the mail the morning after being detained for driving while under suspension. When I arrived home I opened the mail and read a notice that my license was suspended.

I asked my lawyer if the mail strike happened around that time and if that might have affected it. I didn't remember when the mail strike happened but my lawyer brought it up when i was on the stand even though i was unsure. He later brought out proof that it happened earlier int he year and did not affect my mail service. I did not want to make a statement about this because i was unsure, I was advised by my lawyer to include this.

The officer stated that i was driving a green vehicle.. my truck is blue
The officer stated that i was driving at a high rate of speed but registered 70 km/h in a 60 km/h zone
The officer called in a high speed chase stating that i was trying to evade the police, but I pulled over as soon as he turned on his lights and didn't see him behind me until then
The officer stated that i had been drinking (i wasn't I had just gotten off work) but did not give me a breathalizer
I was advised by my lawyer not to include any of this in my final statement while on the stand because it had no affect on the fact that i was driving without a license.

Today the JP stated that my statement was not solid, details were fuzzy but the officer's account of the situation was sound.

I asked the lady who files the appeal if once i put through all the paperwork for the appeal if my license would be reinstated until the date of the appeal she said no. No matter what my license is suspended. I asked the guy who i paid for my lawyer service, he advised me that as soon as i put through all of the paperwork for the appeal and pay my fine I will have my license reinstated.

My questions are

1) Should i apply for an appeal?
a)Is it worth having someone else look at it?
2) if I apply for an appeal would my license be reinstated until the date of the appeal?
3) Do I need someone to represent me if i decide to go ahead with the appeal?
a) My lawyer suggested I need a someone to represent me at the appeal
b) The guy i paid, who the lawyer works for, suggested i don't need a lawyer, but told me they would do it for $1000 (after already paying them $800)
c) The lady behind the counter suggested it wouldn't be worth it filing an appeal and I don't need a lawyer
4) what is the proper appeal process?

I appreciate you taking the time to read this. I really need some help right now. If i lose my license I lose my job and i've worked really hard to get this job. My driving record is not the greatest but for the past 2 years it has been good.


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