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Appeal agianst the trial
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PostPosted: Fri Nov 20, 2009 11:52 am 
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I have my trial in a court that is six hours drive away from where I live.
If I lose my trial, I am planning to appeal. But I can't go there again within 15 days.

Is it possible if I appeal on the same day (after the trial).

Can anyone explin this to me please.


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Re: Appeal agianst the trial
PostPosted: Fri Nov 20, 2009 12:22 pm 
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Location: somewhere in traffic
myticket wrote:
I have my trial in a court that is six hours drive away from where I live.
If I lose my trial, I am planning to appeal. But I can't go there again within 15 days.

Is it possible if I appeal on the same day (after the trial).

Can anyone explin this to me please.


Pay the fine and file for appeal, but the reasons for appeal have to be clearly stated in legaleze. I'm not sure if you can file for appeal in your area?

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http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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PostPosted: Tue Nov 24, 2009 11:10 am 
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Had my trail in the court yesterday. I had two tickets. one not changing lane for emergency vehicle and the other was passenger under 16 not wearing seat belt.

The child seat belt ticket was withdrawn, as the cop accepted that he did not notice child car seat while driving.

I want to appeal for the other ticket. The trail took almost an hour. Can anyone tell me how much an appeal will cost me, and the proper procedure for the appeal. Which forms I need to fill etc.


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Appeal - How to file an Appeal
PostPosted: Wed Nov 25, 2009 12:14 am 
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Location: Toronto
To do an appeal you have to do the following

1. Pay the fine
2. Order and Pay for the transcripts of the court case
3. Fill out the application for an appeal form (available at the court)
4. State your grounds for the appeal within the form
5. Complete and file all the paperwork for the appeal within 15 days of the original trial date.

An appeal does not give you a new trial. An appeal give you the opportunity to have your case reviewed by a higher court judge.

The higher judge will review the transcripts of the original trial to see if the first justice,

1. Made a mistake in law, or
2. Made a mistake in judgment

If the higher court believes the justice did one of these two things the higher court can

1. Dismiss the charge
2. Change the sentence
3. Grant a new trial

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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PostPosted: Tue Dec 01, 2009 9:02 pm 
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Ok, I got the appeal procedure but , Now I will really appreciate if someone help me to figure out if I really have any ground for appeal.

I had a ticket for failur to change lane for emergency vehicle. Here is my scenerio.

I was driving on 401 with G1 license. I saw two emergency vehicle 400 m away and was about to change my lane from 300 m away when I saw the cop waved me. thinking he wants to pull me over, I slowed down my speed and pulled infront of him about 50-60 m away. The officer gave me ticket for failure to move lane for emergency vehicle. He did check my license and the front seat passenger who had full license with four years experience and didn't realise I was not allowed on 401 with G1. he didn't charged me for that.

He stated in his notes that he motioned me to change lane but I didn't.

In the court I stated that I was about to change lane from 300 m away but because officer waved me, so I thought he wanted me to pull over and only passed the emergency vehicle to pull over. I didn't have any intention to pass the emergency vehicle.

Officer used his notes to refresh his memory, but he didn't seemed to remeber anything other than his notes. He accepted that he did not remember which hand he used to waved me or what was the day like, if it was after sunset or before etc.

The procecutor than asked me questions. he didn't asked questions about my offence but rather about my license. When did I got G2 (I now have G2). Why I was driving on 401 with G1, did I pass any drivers education course etc. At the end he said how could I challenge the offence if I was even not allowed to drive on that road. He said I did not seemed credible. Only because I was driving on 401 with G1. Not many questions about my offence.

Now can anyone help me if I can appeal based on the ground that the charge i was convicted did not prove.

It was officers responsibility to charge me with the offence I commited (driving on a prohibited road).

I should not be convicted for an offence that the procecutor could not prove.

Anyone can help me please, I now only have 6 days to appeal.


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PostPosted: Wed Dec 02, 2009 1:09 pm 
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Joined: Tue Apr 22, 2008 7:21 am
Posts: 2933
Location: In YOUR rearview mirror!
myticket wrote:
Now can anyone help me if I can appeal based on the ground that the charge i was convicted did not prove.
.


obviously the JP thought the officer provided enough evidence for the conviction. You now need to convince the next level of court, how this JP errored in the law to grant an appeal.

_________________
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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PostPosted: Wed Dec 02, 2009 2:24 pm 
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Joined: Wed Nov 18, 2009 2:40 am
Posts: 25
Thanks for the reply.

I called the court office this morning and asked about the appeal procedure. I don't want to go to the court to file an appeal (I have six hours drive to court). The lady on the phone told me that I could pick the appeal form from my local court and and mail the completed form to their office. About ordering transcript she first asked my file no. and said that I didn't need transcript for that offence as that was part 1 offence. "Transcript is only ordered for part 3 offence".

I am not sure about the transcript part. does any one can give me idea. How the appeal judge will look at the case with out transcript.


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