Can I appeal after I was found guilty and paid the fine?

EMARCELLI
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Can I appeal after I was found guilty and paid the fine?

by: EMARCELLI on
Fri Mar 29, 2013 1:26 pm

I was found guilty for failing to stop at a newly erected stop sign. I paid the fine and after rechecking the officer's note in the disclosure
I received, he wrote I was going westbound by mistake, I was going eastbound when he ticketed me.
Also the bottom of the stop sign is 1.2 meters from the road level and not 1.5 meters as per regulation 615.
Do I have a chance to an appeal?


Stanton
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by: Stanton on
Fri Mar 29, 2013 2:31 pm

EMARCELLI wrote: Do I have a chance to an appeal?
I don't believe so. Courts will reopen matters if you were never sent notice of trial or were unable to make make it to Court for a legitimate reason (i.e. hospitalized with an illness).

Here's the section from the Provincial Offences Act that deals with reopening matters:
Reopening
Application to strike out conviction
11. (1) A defendant who was convicted without a hearing may, within 15 days of becoming aware of the conviction, apply to a justice to strike out the conviction. 2009, c. 33, Sched. 4, s. 1 (16).
Striking out the conviction
(2) Upon application under subsection (1), a justice shall strike out a conviction if satisfied by affidavit of the defendant that, through no fault of the defendant, the defendant was unable to appear for a hearing or for a meeting under section 5.1 or the defendant did not receive delivery of a notice or document relating to the offence. 2009, c. 33, Sched. 4, s. 1 (16).
In terms of an appeal, I really don't think noting a possible defence after the fact would be sufficient, since all that information was available to you prior to your decision being made.


bend
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by: bend on
Fri Mar 29, 2013 3:31 pm

I'm going to agree with what was already said.

Your appeal will not be "trial 2.0". It's not an attempt at proving why the was officer wrong when he issued you a ticket. An appeal is your chance to prove that for some reason, you weren't given a fair shot at a trial. There's many reasons for this, but change of heart isn't one of them. It doesn't sound like at any time you were hindered in your efforts to receive the right to a fair trial.

You're certainly have a right to file an appeal, but it doesn't mean they'll grant you another chance.


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