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.
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?
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...
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
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.
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?
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.
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.
I received a ticket today for not having a muffler on my car. The muffler was starting to fall off 2 days ago so i took it off so it wouldnt break off and damage someone else's vehicle. the same day i ordered a new muffler on ebay. and now today i got a ticket for not having a muffler. the cop said…
I wrote this article in response to another post regarding an on-duty police fficer involved in an MVC a a result of what appears to be some boneheadedness on his behalf...but it's a good talking point...so I've reposted it here to get other perspectives...
Is there a way to get out of being subpoenaed for an accident in ontario. i searched here and found only one thread that was related but in that case the person had already been subpoenaed. ( i guess once you are sent the subpoenea then there is no way out ? - what if you travel out of…
Hi. I have been researching the law when it comes to introducing evidence to court. I have requested disclosure and am making a Charter challenge on the grounds that incomplete disclosure. In my research, I have discovered a book on radar use in North America, it is essentially the radar bible.…
I was curious if there is any way that demerit points can be reduced or taken off of one's record after the tickets have been paid. I know in Alberta one can take a 'safe driving course' after a certain amount of time with a clean record and get demerit points taken off. Is there any such…
Hi - I was looking for some advise for the above speeding ticket I got this afternoon. I was travelling in Newmarket on Davis drive making a left hand turn onto Bathurst. The office pulled me over for failing to stop on the yellow light. I told her I did not feel I could stop safetly, as it was…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket,…
Just wanted to get an opinion on a recent charge a received. (not seeking legal advise, just some educated opinions).
Background:
My wife and i live in the GTA and recently were down in the Windsor area (lakeshore, ontario just outside of Windsor) We are in the process of moving down…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been…
