"Default and Appeal" - whether & how to proceed?

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diabolis
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"Default and Appeal" - whether & how to proceed?

by: diabolis on
Mon Oct 03, 2011 2:15 am

Greetings all,

I was charged with speeding back in December 2010 - charge was 55 km/h in a 50 zone (speeed already reduced by officer - I think the original speed was 70+ km/h). Fine on ticket appears to have an extra zero for the total payable and no decimal points anywhere (set fine reads $1250, total payable looks like $27500). Requested court date, subsequently found out on this board that "default and appeal" is probably the best way to proceed. Court notice said $275.00 payable.

Trial was scheduled for Sep. 9 and I did not show up. Received conviction notice the following week (not singned by a JP or anyone - just a computer-generated form), total payable was $37.50. Paid fine @ Old City Hall (not Edward St.) on Thursday and obtained ICON inquiry, which shows O/S fine $ 22.50, O/S cost $ 15.00.

Should I appeal the conviction? The fine and cost is immaterial - my concern is having this on my record due to another conviction earlier in the year for an improper right turn and a claim on my insurance due to a hit-and-run, so there's a good chance they may check my driving record. If yes, should I hire a paralegal or a lawyer? Not sure what the rules of the board are regaring referrals, but if they're allowed, can anyone recommend a legal professional that can help?

Thank you,
D.


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by: Radar Identified on
Fri Oct 14, 2011 1:45 pm

If there are no decimal points, and it genuinely looks like they were giving you a ticket for a set fine of $1250 and a total payable of $27 500 (holy *EDIT* that's like a speeding ticket in Switzerland), then you should be able to appeal. A paralegal or lawyer may be able to help you, but shop around. Some don't like using this "default and appeal" method, but others are willing to take it on. I'd personally give it a shot if I were you...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


diabolis
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by: diabolis on
Tue Oct 18, 2011 12:10 am

Thank you -- filed Notice of Appeal on the last (30th) day after conviction. Hearing is scheduled for March 15, 2012. I have done some more research and seeing as there is quite a bit of information on this site, I may even tackle it myself but would certainly be more comfortable with professional legal representation (referrals would be appreciated). And, I read in a previous post that I may be asked by the judge why I missed the original court date. Would telling the truth - "Well, Your Honor, I determined that my best line of defence would be to default and appeal..." - be inadvisable under the circumstances?

Cheers,
D.


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by: Simon Borys on
Tue Oct 18, 2011 10:48 pm

Have you filed for a re-opening or an appeal? If you filed for a re-opening then the crown once again has the opportunity to request an amendment to the certificate to correct the error. If you are appealing then it's essentially just a review of the JP's failure to quash the ticket. In the latter scenario it's irrelevant why you didn't show up, you're not there to discuss that. You are just there to point out that the JP should have quashed the ticket due to it being incomplete or irregular on its face and he didn't. The appeal judge should correct the error.
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NOTHING I SAY ON HERE IS LEGAL ADVICE.


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