5 months since filing and no appeal date yet...

bozotheclown
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5 months since filing and no appeal date yet...

Unread post by bozotheclown »

So despite my best efforts, I lost my trial in September. I immediately paid my fine and requested transcripts and filed my appeal. The transcripts were picked up and served in early November, around the 10th. I have not heard anything about this since then. Is this normal? They had no issues getting a hold of me for my disclosure or transcript notice so I imagine I would have received notice of my appeal date by now. Should I try to follow up or leave it be? Is it possible that they just want to drop the case based on my notice of appeal and transcripts?

Also the traffic stop happened in Jan 2014 so despite a relatively speedy trial, this appeal has now brought the situation to almost 14 months with no resolution. So maybe I can look into a 11b?


ynotp
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Re: 5 months since filing and no appeal date yet...

Unread post by ynotp »

Care to share at what happened at your red light ticket trial and why you are appealing?


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highwaystar
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Re: 5 months since filing and no appeal date yet...

Unread post by highwaystar »

Call the court office where you filed the appeal to find out what's going on. It may be that a notice was sent in error to you. You need to clarify that with the court; not the prosecution's office. Secondly, forget about doing an 11b on an appeal. The court guidelines that apply for trials are not applicable to appeals.


bozotheclown
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Re: 5 months since filing and no appeal date yet...

Unread post by bozotheclown »

highwaystar wrote:Call the court office where you filed the appeal to find out what's going on. It may be that a notice was sent in error to you. You need to clarify that with the court; not the prosecution's office. Secondly, forget about doing an 11b on an appeal. The court guidelines that apply for trials are not applicable to appeals.
Thanks. Guess it's semi-normal for it to take a while.
ynotp wrote:Care to share at what happened at your red light ticket trial and why you are appealing?
The justice sided with the testimony of the police officer despite what I felt were mistakes in his testimony and idea of events.


Seiba
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Re: 5 months since filing and no appeal date yet...

Unread post by Seiba »

If your ticket was originally in Toronto, you can check the status of your case on the Toronto Court Case Look Up system Up system. I checked my most recent extension for payment and it updated same day.


bozotheclown
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Re: 5 months since filing and no appeal date yet...

Unread post by bozotheclown »

Well I got my appeal date and it's coming up soon. I haven't hired representation so hopefully I can present my case effectively. Hopefully I can find some sample HTA appeals to read through so I know what to expect.


jsherk
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Re: 5 months since filing and no appeal date yet...

Unread post by jsherk »

Posted transcript of original trial and the appeal we presented here:
http://www.ontariohighwaytrafficact.com/topic7286.html

It's for speeding but gives you something to work off.
+++ This is not legal advice, only my opinion +++


bozotheclown
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Re: 5 months since filing and no appeal date yet...

Unread post by bozotheclown »

jsherk wrote:Posted transcript of original trial and the appeal we presented here:
http://www.ontariohighwaytrafficact.com/topic7286.html

It's for speeding but gives you something to work off.
Thank you. I'll go through that.


bozotheclown
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Re: 5 months since filing and no appeal date yet...

Unread post by bozotheclown »

so this may be a dumb question but my transcript from my day of court doesn't contain mine or the prosecutions submissions. All it says is:

"The Court: You can have a spot back over here again."
"... Submissions by Mr. Me"
"... Submissions by Mr. Prosecutor"
then Reasons For Judgement....

Does that seem odd? can't i use the submissions portion for appeal?


jsherk
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Re: 5 months since filing and no appeal date yet...

Unread post by jsherk »

I would contact whoever did the transcript and ask why the submissions were not included as they may be important to your appeal.
+++ This is not legal advice, only my opinion +++


bozotheclown
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Re: 5 months since filing and no appeal date yet...

Unread post by bozotheclown »

jsherk wrote:I would contact whoever did the transcript and ask why the submissions were not included as they may be important to your appeal.
Ah I think it's too late for that. Shoot. I didn't see that was missing until now.


jsherk
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Re: 5 months since filing and no appeal date yet...

Unread post by jsherk »

You could ask for the appeal to be re-scheduled as you just noticed the error.
+++ This is not legal advice, only my opinion +++


bozotheclown
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Re: 5 months since filing and no appeal date yet...

Unread post by bozotheclown »

jsherk wrote:You could ask for the appeal to be re-scheduled as you just noticed the error.
Hmm that's a good point. But I wonder if that part of the transcript is available anywhere as I imagine they'd have included it. It probably can't be used to get me off huh, since I did my part in paying for the transcript? They're theoretically screwing me by not having that part of the transcript...


jsherk
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Re: 5 months since filing and no appeal date yet...

Unread post by jsherk »

Well there might be something important in that section, but without it you have no idea.

The trials are audio recorded so it should all be there.

You will have to contact the court recorder who did the transcript for you and ask them why it was not included.
+++ This is not legal advice, only my opinion +++


bozotheclown
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Re: 5 months since filing and no appeal date yet...

Unread post by bozotheclown »

Had my appeal today, and i've been awarded a retrial. Didn't even mention the submissions part, wasn't needed. Hopefully this time I will do better to discredit the officer (or the justice will be more fair...).

Unless now I can go for 11b haha.


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