Notice of Abandonment of appeal (Clerk of the court)

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preludex
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Notice of Abandonment of appeal (Clerk of the court)

Unread post by preludex on

Hey i'm not sure whats happening. A while back (like 2 years) I was charged in court with speeding. I had appealed this charge and was awaiting a trial date.

Fast forward like two or more years, and I just received a letter in the mail saying "Notice of abandonment of appeal (clerk of the court)". They have scheduled a hearing at the end of January 2012.

Does this mean I missed the appeal date in court? or are they considering throwing my speeding charges out from the appeal I made two years ago?

Should I wait for the "abandonment" hearing or go find out what the hell happened?
I never received any information yet about the appeal date in court.

your guys knowledge and help is greatly appreciated.

Thanks
X


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Reflections
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Unread post by Reflections on

After an amount of time, if there is no response from you, the courts "assume" you are abandoning the appeal. If you wish to continue the appeal, then go to the hearing and state why you are. If it's a matter of missing correspondance then this will be srted out. This is one of the "checks" in the system to ensure the courts are not revisiting cases that should be tossed.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com


preludex
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Unread post by preludex on

Reflections wrote:After an amount of time, if there is no response from you, the courts "assume" you are abandoning the appeal. If you wish to continue the appeal, then go to the hearing and state why you are. If it's a matter of missing correspondance then this will be srted out. This is one of the "checks" in the system to ensure the courts are not revisiting cases that should be tossed.
Thanks for the response reflections.
Is there any chance the "appeal" case can be thrown out?
I was hoping that if I went to the hearing, I will be dismissed of the charges. The notice of abandonment hearing is not the appeal trial itself is it?

Thanks,
x


preludex
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Unread post by preludex on

So I was told I have to pick my transcripts up.
I have until Feb 3rd to present these, however the original conviction was back in 2007/2008
The prosecutor said that its no longer on my record and I should just forget it.
If I abandon at this point, is the above true (where nothing will return on my driving record?). I'm considering leaving the appeal abandoned if all I loose is the money from the original charge. Can someone confirm this for me please?

Thanks


Stanton
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Unread post by Stanton on

Well, convictions appear on your driving record for life, but insurance companies can only go back 3 or 4 years, and demerit points only stay on for 2 years. So while the conviction would likely still appear on your record, it shouldn't have any effect on your licence or insurance.


preludex
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Unread post by preludex on

thanks for the help stanton.
Is there any downside in going to an appeal hearing and not winning?
For example, If I were to go to an appeal hearing, and the charges were not dropped, would the charge reset to year 0 regarding insurance and demerit points?


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Unread post by Stanton on

No, I don't think so. Just the time an expense, with no gain that I can see even if you win. Unless it's just the principle of the matter.


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Unread post by preludex on

Thanks for the time and input stanton
x






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