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?
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.
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: 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.
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.
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.
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.
i lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…