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How To Appeal A Traffic Ticket Conviction

Question:

I’m not sure what you can do to help me out.

A year ago I spoke with a paralegal about some charges I got in Kitchener. I don’t agree that I was in the wrong and I think that the OPP was just trying to hand out tickets to meet a quota. It is pretty clear that the other guy was in the wrong and that I was in the right. Long story short I ran my own trial and the judge convicted me. What can I do? Can I hire a paralegal to appeal this and rerun my trial?

Response:

This unfortunately is not an uncommon situation. Our court staff are in the courtroom most days of the week and frequently see defendants that have chosen to represent themselves at court. By not having a background in the law and an understanding of how the court works, it is common for self-represented defendants to either provide a weak argument or even convict themselves through their statements in the courtroom.

Not being familiar with the details of your case or what happened in the courtroom, I can’t provide any immediate feedback on the merits of filing an appeal. Generally what an appeal is not, is being a second ‘kick at the can’ due to being unhappy with the court’s ruling. Developing and successfully arguing an appeal will depend upon whether there are any legally meritorious grounds to do so. We would need to speak with you in greater detail and obtain transcripts of your trial for review.

Appeals can be lengthy and involved. Sometimes a conviction is very much worth filing an appeal against and other times there may simply be no legal basis for an appeal or too little cost-to-benefit. Before proceeding with an appeal on your behalf we should be able to provide some basic feedback on the merits and costs of doing so for you to make an informed decision.

We can be reached either by email at info@otdlegal.ca or by our toll-free number 1-844-647-6869. We offer a free no-cost, no obligation initial consultation and would be happy to discuss your matter with you in more detail.

Posted under Traffic Ticket Defence

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