Speeding Ticket, Paralegal Plead Guilty, Filling Appeal?
I received a speeding ticket last year, and without knowing any better I hired x-copper. The end result was that they didn't do much - showed up, plead to a lesser charge and were on their way. Afterwards I found out that they didn't receive disclosure, which they passed off as unnecessary as they were able to get me this "great deal with 0 points". I was mad but assumed that I was out of luck, paid my fine, and chalked this up to being a learning experience.
Well earlier today I can't came across something on the city of Toronto's website about filing an appeal. I was wondering whether I have any shot in hell of filing an appeal given that my representation didn't properly represent me?
No, an appeal is against a error in law committed at the trial. The fact that your representative did a poor job is between you and them.
You only have 30 days to file an appeal.
Your only option now is to sue x-copper for malpractice.
In extenuating circumstances, the Courts can grant you an extension of time to file an appeal outside the initial 30-day window (section 85 of the Provincial Offences Act). Simply not being aware of the possibility to appeal probably wouldnt meet the criteria though.
Also, the Courts do recognize whats known as "ineffective assistance of counsel" as one possible reason to allow an appeal, but I dont think it would be a straightforward argument. Youd have to review any contracts and agreements you signed with the paralegal firm to see what level of service was requested and expected. If you agreed to a simple reduction in fine/points, then the service they provided (or lack thereof) may be deemed sufficient.
Realistically youd probably need an experienced lawyer to both review the matter and help you with the appeal (assuming grounds exist for an appeal). Then you also have to start weighing the costs and benefits of the whole process. Is it worth spending several thousand dollars in legal fees to fight an old speeding ticket? Also, if an appeal is granted and a new trial ordered, then what? Will there be grounds to beat the ticket in Court? Or do you simply end up with the same conviction on your record again.
-
- Similar Topics
-
-
New post at trial for speeding Plead guilty to different charge 182(2) but ordered to pay more then set fine.
by pirish in General TalkLast post by pirish Sun Sep 25, 2022 4:51 pm
-
-
-
New post Speeding ticket for the driver and not wearing belt for the back seat passenger
Last post by bend Thu Oct 27, 2022 10:24 am
-
-
-
New post Choosing option 2 for speeding: Any risk at ER Prosecutor may bump up speed to original in a Code R ticket?
by Rawvegan in General TalkLast post by Rawvegan Sun Mar 27, 2022 9:23 am
-
-
-
New post First time speeding offence under a parent's car
Last post by bend Sun Apr 11, 2021 2:59 am
-
-
-
New post 23 yr old female speeding 130 on 90 hwy 17 Thunder Bay, reduced from 140
Last post by nch2021 Mon May 17, 2021 1:45 pm
-
-
-
New post Stunt Driving Speeding 65 kmh Over: My Results
by ontariodriver9 in Stunt DrivingLast post by ontariodriver9 Thu May 27, 2021 3:57 am
-
-
-
New post Pulled over for speeding; only received a warning
by Zatota in General TalkLast post by Zatota Wed Oct 27, 2021 6:30 pm
-
Who is online
Users browsing this forum: No registered users and 10 guests