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Appeal Conviction - Red Light
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PostPosted: Sat Jan 07, 2012 3:50 pm 
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Joined: Fri Jan 06, 2012 5:19 pm
Posts: 6
how to file an appeal of conviction for a red light 144(18) ticket. went to trial myself and failed to present
myself well. The conviction was unfair as well.
1. the woman(not the JP, not the clerk, I just don't know who she was) questioning the police, at the end just
went over to the police and copied his notes as she couldn't "catch them" (that was she said). And JP made decision pretty much based on that piece of paper.
2. my statement were wrongly repeated by the JP couple times
3. I was told that i am not a honest person due to refusing swear to the bible (as i mentioned to them I was not christian but other religious)
4. to the statement by police.... light rain (it's a heavy rain day and I have weather report to prove it)...a beige truck
(Beige was on my permit. But my truck actually is GOLD and it shown on the bill of sale and couple repair bill by Canadian Tires).....there are other same truck but beige in my area. The times on the ticket is not correct as well as I know I passed the intersection about 10 minutes earlier than the time on the ticket.(but I don't think I can prove it)
5. police notice "..he observed from the creditview road (which is cross section of my street - Bristol), he observed the traffic light on Creditview, and the light on the Bristol and the cars passing all at the same second (really?)- it was a heavy rain day (maybe that why he said it's light rain), with the washers swishing and a back mirror in the middle..I disagree that he had a good observation for all the things he said (which the JP said he had ). Plus creditview at the Bristol is a six lanes (N) to Five lanes (S) section. the signal timing for the westbounce and the eastbource traffic lights are different on Bristol. did he saw the eastbournce light above my truck while I was travelling westbourne or he saw I passed the westbounce light while my truck is about 6 lanes away from that light.
6. to this moment, I remain I didn't pass the red light. But I have to realize I have nothing to prove. I can't even prove there was a construction at the westside of Bristol - I had to drive slow not to splash the workers and one lane was closed. The white focus front of me ( one truck space ahead of me)
passing a green- how can I pass a red?.
If anyone can guide me how to file an appeal for this , I much appreciate. The docket date is 4 Jan Wednesday. I properly don't have much time.
What forms? what department? where I can file?
I contacted a ticket people and was told it would cost me $1500/hr. I can't afford that.
Please help.


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Re: Appeal Conviction - Red Light
PostPosted: Sat Jan 07, 2012 5:39 pm 
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Joined: Wed Aug 10, 2011 3:05 pm
Posts: 86
Go to the court house and you can get the appeal paperwork there


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Re: Appeal Conviction - Red Light
PostPosted: Sun Jan 08, 2012 11:07 am 
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Joined: Fri Jan 06, 2012 5:19 pm
Posts: 6
which court house? the same one for my first trial or the brampton court house?
do I have to provide anythign else in order to file the appeal?
Thank you Paul 1913 for taking time to answer me.


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Re: Appeal Conviction - Red Light
PostPosted: Mon Jan 09, 2012 2:25 pm 
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Joined: Fri Jan 06, 2012 5:19 pm
Posts: 6
anyone has the experience of appeal can guide me thru abit more?


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Re: Appeal Conviction - Red Light
PostPosted: Mon Jan 09, 2012 5:39 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
You have 15 days from conviction to file an appeal.

First, you need to determine if you have sufficient grounds to appeal the decision. The fact that you don’t agree with being found guilty isn’t sufficient in itself. You have to show that the Justice of the Peace made an error in law or fact. You list several possible defences in your first post, but the J.P. isn’t required to accept them.

You’ll need to order a transcript of your trial as well. The cost varies, depending on the length of the trial, but it will probably be at least $100. Your best bet would probably be to contact the Courthouse and ask them what forms you need to file and how to go about ordering a transcript.


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Re: Appeal Conviction - Red Light
PostPosted: Tue Jan 10, 2012 12:32 am 
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Joined: Fri Jan 06, 2012 5:19 pm
Posts: 6
Thanks Stanton! My faith running out in this justice system. Like you said the JP is not required to accept the
evidences (the colour of my car and the real-time observation from the police) , then there is no error in law or fact
, then there is no ground.


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Re: Appeal Conviction - Red Light
PostPosted: Tue Jan 10, 2012 1:18 pm 
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Joined: Fri Jan 06, 2012 5:19 pm
Posts: 6
For someone in the same boat, I found this www.lawhelpontario.org/library/attachment.173191
I also have the form of notice of appeal (pay fine) (not pay fine)
I am doing research for the appeal. any other want to share?


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