Appeal is taking forever

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Appeal is taking forever

by: browsing on
Sun Oct 04, 2009 12:56 am

I had appealed a conviction 6 months ago. I'm still waiting on the city to serve me with transcripts. After almost four months I went to the courthouse just to make sure they haven't been trying to get a hold of me. The clerk didn't even bother looking. She said 4 months is too soon and they are really backed up. She said I was looking at a 6 month wait at least. 6 months later and i'm still waiting.

My question is what are my options? Is there someway I can bypass the city altogether since they have no clue when i'm going to receive anything? Can I do anything or am I just at their mercy? The conviction also remains on my abstract during this whole wait which is why i'm growing impatient. By the time they do anything, it won't even be worth it for me.

Thanks for your help.


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by: OTTLegal on
Sun Oct 04, 2009 4:01 pm

Appeals in the Toronto area can take up to 2 years for the transcripts to be ready and the court to set a date.

If you filed the appeal papers with the Ministry of Transportation the conviction should have been removed from your driving record pending the appeal.
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


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by: Reflections on
Sun Oct 04, 2009 11:45 pm

browsing wrote:I had appealed a conviction 6 months ago. I'm still waiting on the city to serve me with transcripts. After almost four months I went to the courthouse just to make sure they haven't been trying to get a hold of me. The clerk didn't even bother looking. She said 4 months is too soon and they are really backed up. She said I was looking at a 6 month wait at least. 6 months later and i'm still waiting.

My question is what are my options? Is there someway I can bypass the city altogether since they have no clue when i'm going to receive anything? Can I do anything or am I just at their mercy? The conviction also remains on my abstract during this whole wait which is why i'm growing impatient. By the time they do anything, it won't even be worth it for me.

Thanks for your help.
It is 16 months and counting for me........
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: browsing on
Mon Oct 05, 2009 3:09 am

Thanks for the replies. I didn't realize it could take so long. They simply told me to wait for a phone call, and i'm hoping they don't try to pull a "well we called you and now you're screwed" type scenario. I guess that's what i've been afraid of.

I guess i'm going to have to contact the MTO because the city hasn't taken the conviction temporarily off my abstract.

Does anyone know if the conviction date remains the same should you lose the appeal? I don't want to start the clock all over again.

Thanks a lot guys. I really appreciate the help. You've been quick with the replies.


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by: Reflections on
Mon Oct 05, 2009 10:36 am

browsing wrote:Thanks for the replies. I didn't realize it could take so long. They simply told me to wait for a phone call, and i'm hoping they don't try to pull a "well we called you and now you're screwed" type scenario. I guess that's what i've been afraid of.

I guess i'm going to have to contact the MTO because the city hasn't taken the conviction temporarily off my abstract.

Does anyone know if the conviction date remains the same should you lose the appeal? I don't want to start the clock all over again.

Thanks a lot guys. I really appreciate the help. You've been quick with the replies.
An appeal has nothing to do with the conviction date. The only thing is that if your insurance rates changed due to the conviction how long are you paying the increase.

I should have known better when the trial took 13 months to go through....
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


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by: Traffic Law on
Mon Oct 05, 2009 5:17 pm

The Appeal does not have to take forever. There are remedies available to deal with delayed Appeal, especially when municipality does not move forward with transcripts. Available remedies include Stay....

Ask professionals as to your options as you have them.


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