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Ontario Highway Traffic Act

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Can I appeal after I was found guilty and paid the fine?
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PostPosted: Fri Mar 29, 2013 1:26 pm 
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Newbie

Joined: Wed Feb 08, 2012 5:16 pm
Posts: 2
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?


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Re: Can I appeal after I was found guilty and paid the fine?
PostPosted: Fri Mar 29, 2013 2:31 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
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:
Quote:
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.


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Re: Can I appeal after I was found guilty and paid the fine?
PostPosted: Fri Mar 29, 2013 3:31 pm 
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Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1063
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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