I've been convicted of speeding. Originally I was advised from users here (thanks all) that I should do nothing because the Total Payable was wrong, then go through the appeal process, blah blah blah. Anyway, I got convicted. I think the new rulings are that Total Payable can be wrong as long as Set Fine is correct. So I'm wondering how I should appeal it now...
1) If I appeal saying it should have been quashed due to incorrect Total Payable then my appeal might get dismissed based on the most recent ruling
2) If I appeal saying there are errors on the ticket that I want to talk to a judge about will that work? I know an incorrect date (he wrote a day earlier) isn't a fatal flaw but I want to go to trial and use this as evidence against the cop - clearly I wasn't there on that date (I was at work), so they can't convict me...can they? Maybe I'll get lucky and win and the prosecutor won't refile with the proper date.
Also, if I appeal and lose, I'm told I have to pay the court fees. Any idea on what those might be?
Does anybody know how the appeal process works specifically? Do I fill out a bunch of forms to be granted access to a judge, at which point I tell my appeal story...or do I fill in my story on paper, they read it and either grant or dismiss my appeal?
I'm asking because I'd like to let the judge know that I am doing all this legal stuff by myself and have had to learn the laws and procedures. This is no simple task and takes hours of research...of which I don't always have. Because of this time consuming task, and my initial ignorance of the "within 30 days" appeal requirement (I know that's not a real defence), I was unable to appeal in time and am hoping for an exception.
They give you a simple form to fill out. Once you fill it out, you will have to put down a deposit for written transcripts of your trial. You will wait until they are done, you will pay the remaining balance, and they will give you a date for your appeal.azdjedi wrote: Does anybody know how the appeal process works specifically? Do I fill out a bunch of forms to be granted access to a judge, at which point I tell my appeal story...or do I fill in my story on paper, they read it and either grant or dismiss my appeal?
There are no transcripts...I ignored the original ticket so I could appeal under s9.1. But I guess that's just a detail in the larger picture of having to write out my case in full, ya?
Here is an example of the form you will have to fill out for your appeal. This will give you an idea of the info you will need to provide at this stage.
http://www.niagararegion.ca/business/po ... A-0201.pdf
Also here as an example of the form you will have to fill out to ask for an extension of the time to file an appeal.
http://www.niagararegion.ca/business/po ... A-0206.pdf
On the Appeal form, question "15. The appellant wants the appeal court to". Should I check "not guilty" or "other" and write in "quash"?
Do you think they will grant me an extension if I tell them the reason I didn't file within 30 days was because I was defending myself and it took me time to gather what I needed. I was unaware I only had 30 days; I know ignorance isn't a defence, but in this case justice wouldn't be served by not granting an extension.
My hearing is coming up in a month and I'm doing some final research for my case.