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Appeal Traffic Ticket in Ontario
Appealing a conviction is a long and difficult process. OTD Legal is here to help! If you have been found guilty of a provincial offence traffic ticket, you may qualify to appeal the conviction. Appeals begin after you have been found guilty by the court, either in your absence or after an unsuccessful trial.
What is a Traffic Ticket Appeal?
If you are convicted of a speeding ticket for example, you may be interested in appealing that conviction at a higher court. Our team of experienced lawyers and paralegals are here to help you through this process. If you think that the trial judge made an error in law, you may have grounds to overturn the conviction and ask for a new trial. If you win your appeal, the courts will strike the traffic violation in question from your record and the matter will go back to traffic court. A successful appeal often does not mean your matter is complete; it can simply mean you have another chance to defend yourself.
How do I Appeal a Traffic Ticket Conviction in Ontario?
The following is a general explanation of the steps you must take to begin the appeal process.
- Pay Your Fine – You must pay your fine before you start the appeal process.
- Prepare Your Appeal – You will want to gather all the relevant documentation for your appeal. This includes ordering transcripts of the original court hearing, and gathering affidavits, proof of fine payment, and grounds for the appeal.
- File Your Appeal With the Court – Generally all appeals must be filed within thirty days of the conviction. If the thirty days have passed, you must also complete an “Application for Extension of Time to Appeal.” Once the appeal is served on the appropriate parties and filed with the appropriate court, you will receive an appeal date. You may receive a Motion date if you are applying to have the time to appeal extended. Your application to allow you more time to appeal must be granted before you are allowed to proceed with the appeal.
- The Appeal Date – You will explain to the appeal court Judge where the original Justice of the Peace made an error in law or fact.
The appeal process can be long and confusing. Without a background in law and/or an understanding of the court system, it’s very common for individuals to either provide weak or irrelevant arguments or lose their chance for a successful appeal by not filing the correct documents. This is why it is important to obtain competent legal representation by a firm like OTD Legal Services.
What Are the Grounds for a Traffic Ticket Appeal?
If you think that the original Justice of the Peace has made either an error in law or an error in fact, you can file an appeal. Doing so will give you the chance to overturn the conviction and go back to a clean driving record. Some of the grounds for an appeal are as follows:
Errors in Law
If there is an error in law, it may invalidate any Ontario traffic tickets that you receive. Courts must follow strict procedures for a conviction to be legal and valid. For example, the court has to offer the defendant a reopening request, as refusal could be grounds for an appeal. The judge must also allow you to make submissions before your sentencing. During proceedings, the judge must ignore hearsay evidence and uphold valid defenses to a charge. If you make any statements, they must be given voluntarily and not under pressure. Otherwise, you may be able to appeal your charges. The judge must also give valid reasoning for their decision to convict. If their verdict is unreasonable or has no legal grounds, you may be able to overturn your conviction and keep your driving record clean. Sometimes, you may see bias in judgment on the part of the court. If you can provide sufficient evidence that there was a bias against you, then you can file an appeal and request a more impartial hearing.
Errors in Fact
If a party presents false evidence during your court proceedings, it may also be grounds for an appeal. The courts are required to consider all the necessary evidence that you can bring to your case. If the court considers false evidence or ignores information that could exonerate you, you will have a good chance of appealing their decision. Eyewitness accounts, camera footage, and testimony from officers could all potentially help to strengthen your case.
Rules for Traffic Ticket Appeals
If you plan on pursuing an appeal for a traffic ticket, you need to make sure that you follow the appeal rules to give yourself the best chance of winning your case.
For example, you must file your appeal within 30 days of your conviction date, or you could lose eligibility to overturn your conviction. If you have not filed the appeal within the 30 days, you will have to file an Application for Extension of Time to Appeal. Furthermore, if you were convicted after a trial, you will need to order the transcripts from the court to file your appeal. Transcript costs can range anywhere from $200.00 to $1,000.00 and sometimes more.
When Can You File an Appeal?
You can file an appeal after a trial or after a conviction has been registered if there are factors that would allow for an appeal. You cannot just appeal a conviction because you didn’t like the original Justice of the Peace’s decision on your case. There must have been an error in law or an error within the Justice’s reasoning that led to a conviction being registered. You can also file an appeal if someone mistakenly (or without your knowledge or permission) paid your traffic ticket.
What If You Paid Your Ticket and Found Out Later That You Are Facing Severe Consequences as a Result of the Conviction?
In this circumstance, you could appeal based on the fact that by paying the ticket, your plea was not fully informed. For a plea to be fully informed, you must be aware of the consequences associated with a plea. For example, Bob gets a ticket for Novice Driver – BAC Above Zero. Bob sees that the ticket is a mere $85.00 fine plus costs and pays the ticket. Within two weeks of paying the conviction, Bob receives a notice from the Ministry of Transportation stating that his license will go under suspension for a period of 30 days due to the conviction. Would Bob have grounds to file an appeal? Yes, he would. Bob would have grounds because when Bob paid his ticket, he was unaware of the consequences, and in this particular case, one of the consequences was a license suspension. Now, if Bob had known that there was a license suspension that was attached to this ticket and paid the ticket anyway, then Bob would not have grounds to appeal.
Traffic Ticket Appeal Delays
Sometimes, appeals can get held up when it takes longer than expected to collect all the necessary paperwork. Transcripts can take months or even years to complete. The average time varies by jurisdiction. For example, in Toronto, it often takes around 24 to 30 months to receive a copy of your court transcript. If obtaining your transcript leads to significant delays, you may be able to get a refund on your deposit fee.
Contact OTD Legal Services to Appeal a Traffic Ticket Conviction
We hope that our guide has given you a little bit more insight into how to appeal a traffic ticket in Ontario. As shown, an appeal is not an easy or straightforward process. An expert agent at OTD Legal will help you navigate this process. A professional agent will walk you through every aspect of the process and show you how to appeal your conviction. To go through a free appeal consultation please contact us as soon as possible. An agent at our office will gladly help you get the best possible results.
What Does the Law Say About Traffic Ticket Appeals?
Appeals Under Part I and II
Appeals, Proceedings Commenced By Certificate
135 (1) A defendant or the prosecutor or the Attorney General by way of intervention is entitled to appeal an acquittal, conviction or sentence in a proceeding commenced by certificate under Part I or II and the appeal shall be to the Ontario Court of Justice presided over by a provincial judge. R.S.O. 1990, c. P.33, s. 135 (1); 2000, c. 26, Sched. A, s. 13 (6).
Application for Traffic Ticket Appeal
(2) A notice of appeal shall be in the prescribed form and shall state the reasons why the appeal is taken and shall be filed with the clerk of the court within 30 days after the making of the decision appealed from, in accordance with the rules of court. R.S.O. 1990, c. P.33, s. 135 (2); 2009, c. 33, Sched. 4, s. 1 (57).
Simultaneous Application
(2.1) Despite subsection (2), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal. 2009, c. 33, Sched. 4, s. 1 (58).
Notice of Hearing For Traffic Ticket Appeals
(3) The clerk shall, as soon as is practicable, give a notice to the defendant and prosecutor of the time and place of the hearing of the appeal. R.S.O. 1990, c. P.33, s. 135 (3); 2017, c. 34, Sched. 35, s. 25.
Section Amendments with date in force (d/m/y)
Conduct of Traffic Ticket Appeal
136 (1) Upon an appeal, the court shall give the parties an opportunity to be heard for the purpose of determining the issues and may, where the circumstances warrant it, make such inquiries as are necessary to ensure that the issues are fully and effectively defined.
Review
(2) An appeal shall be conducted by means of a review.
Evidence
(3) In determining a review, the court may,
(a) hear or rehear the recorded evidence or any part thereof and may require any party to provide a transcript of the evidence, or any part thereof, or to produce any further exhibit;
(b) receive the evidence of any witness whether or not the witness gave evidence at the trial;
(c) require the Justice presiding at the trial to report in writing on any matter specified in the request; or
(d) receive and act upon statements of agreed facts or admissions. R.S.O. 1990, c. P.33, s. 136.
Dismissal on Abandonment
137 (1) Where an appeal has not been proceeded with or abandoned, the court may order that the appeal be dismissed. R.S.O. 1990, c. P.33, s. 137.
Dismissal by Justice
(2) Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed. 2009, c. 33, Sched. 4, s. 1 (59).
Motion to Restore
(3) A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored. 2009, c. 33, Sched. 4, s. 1 (59).
Section Amendments with date in force (d/m/y)
Powers of Court on Appeal
138 (1) Upon an appeal, the court may affirm, reverse or vary the decision appealed from or where, in the opinion of the court, it is necessary to do so to satisfy the ends of Justice, direct a new trial. R.S.O. 1990, c. P.33, s. 138 (1).
New Trial
(2) Where the court directs a new trial, it shall be held in the Ontario Court of Justice presided over by a justice other than the Justice who tried the defendant in the first instance, but the appeal court may, with the consent of the parties to the appeal, direct that the new trial be held before the Justice who tried the defendant in the first instance or before the judge who directs the new trial. R.S.O. 1990, c. P.33, s. 138 (2); 2000, c. 26, Sched. A, s. 13 (6).
Costs
(3) Upon an appeal, the court may make an order under section 60 for the payment of costs incurred on the appeal, and subsection (3) thereof applies to the order. R.S.O. 1990, c. P.33, s. 138 (3).
Section Amendments with date in force (d/m/y)
Traffic Ticket Appeal to Court of Appeal
139 (1) An appeal lies from the judgment of the Ontario Court of Justice in an appeal under section 135 to the Court of Appeal, with leave of a judge of the Court of Appeal, on special grounds, upon any question of law alone. R.S.O. 1990, c. P.33, s. 139 (1); 2000, c. 26, Sched. A, s. 13 (6).
Grounds for Leave
(2) No leave to appeal shall be granted under subsection (1) unless the judge of the Court of Appeal considers that in the particular circumstances of the case it is essential in the public interest or for the due administration of Justice that leave be granted. R.S.O. 1990, c. P.33, s. 139 (2).
Costs
(3) Upon an appeal under this section, the Court of Appeal may make any order with respect to costs that it considers just and reasonable. R.S.O. 1990, c. P.33, s. 139 (3).
Appeal as to Leave
(4) No appeal or review lies from a decision on a motion for leave to appeal under subsection (1). R.S.O. 1990, c. P.33, s. 139 (4).
Section Amendments with date in force (d/m/y)
Appeals Under Part III
Appeals, Proceedings Commenced by Information
116 (1) Where a proceeding is commenced by information under Part III, the defendant or the prosecutor or the Attorney General by way of intervention may appeal from,
(a) a conviction;
(b) a dismissal;
(c) a finding as to ability, because of mental disorder, to conduct a defence;
(d) a sentence; or
(e) any other order as to costs. 2009, c. 33, Sched. 4, s. 1 (54).
Appeal Court
(2) An appeal under subsection (1) shall be,
(a) where the appeal is from the decision of a justice of the peace, to the Ontario Court of Justice presided over by a provincial judge; or
(b) where the appeal is from the decision of a provincial judge, to the Superior Court of Justice. R.S.O. 1990, c. P.33, s. 116 (2); 2000, c. 26, Sched. A, s. 13 (5, 6).
Notice of Appeal
(3) The appellant shall give notice of appeal in such manner and within such period as is provided by the rules of court. R.S.O. 1990, c. P.33, s. 116 (3).
Simultaneous Application
(4) Despite subsection (3), the notice of appeal may be filed at the same time as an application under section 85 to extend the time to give notice of appeal. 2009, c. 33, Sched. 4, s. 1 (55).
Section Amendments with date in force (d/m/y)
Conduct of Appeal
117 (1) The court may, where it considers it to be in the interests of Justice,
(a) order the production of any writing, exhibit or other thing relevant to the appeal;
(a.1) amend the information, unless it is of the opinion that the defendant has been misled or prejudiced in his or her defence or appeal;
(b) order any witness who would have been a compellable witness at the trial, whether or not he or she was called at the trial,
(i) to attend and be examined before the court, or
(ii) to be examined in the manner provided by the rules of court before a judge of the court, or before any officer of the court or Justice of the peace or other person appointed by the court for the purpose;
(c) admit, as evidence, an examination that is taken under subclause (b) (ii);
(d) receive the evidence, if tendered, of any witness;
(e) order that any question arising on the appeal that,
(i) involves prolonged examination of writings or accounts, or scientific investigation, and
(ii) cannot in the opinion of the court conveniently be inquired into before the court,
be referred for inquiry and report, in the manner provided by the rules of court, to a special commissioner appointed by the court; and
(f) act upon the report of a commissioner who is appointed under clause (e) in so far as the court thinks fit to do so. R.S.O. 1990, c. P.33, s. 117 (1); 2009, c. 33, Sched. 4, s. 1 (56).
Rights of Parties
(2) Where the court exercises a power under this section, the parties or their representatives are entitled to examine or cross-examine witnesses and, in an inquiry under clause (1) (e), are entitled to be present during the inquiry and to adduce evidence and to be heard. R.S.O. 1990, c. P.33, s. 117 (2); 2006, c. 21, Sched. C, s. 131 (18).
Section Amendments with date in force (d/m/y)
Right to Representation
118 (1) An appellant or respondent may appear and act personally or by representative. 2006, c. 21, Sched. C, s. 131 (19).
Attendance While in Custody
(2) An appellant or respondent who is in custody as a result of the decision appealed from is entitled to be present at the hearing of the appeal. R.S.O. 1990, c. P.33, s. 118 (2).
Sentencing in Absence
(3) The power of a court to impose sentence may be exercised although the appellant or respondent is not present. R.S.O. 1990, c. P.33, s. 118 (3).
Section Amendments with date in force (d/m/y)
Written Argument
119 An appellant or respondent may present the case on appeal and argument in writing instead of orally, and the court shall consider any case or argument so presented. R.S.O. 1990, c. P.33, s. 119.
Orders on Traffic Ticket Appeals Against Conviction, etc.
120 (1) On the hearing of an appeal against a conviction or against a finding as to the ability, because of mental disorder, to conduct a defence, the court by order,
(a) may allow the appeal where it is of the opinion that,
(i) the finding should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,
(ii) the judgment of the trial court should be set aside on the ground of a wrong decision on a question of law, or
(iii) on any ground, there was a miscarriage of Justice; or
(b) may dismiss the appeal where,
(i) the court is of the opinion that the appellant, although the appellant was not properly convicted on a count or part of any information, was properly convicted on another count or part of the information,
(ii) the appeal is not decided in favour of the appellant on any ground mentioned in clause (a), or
(iii) although the court is of the opinion that on any ground mentioned in subclause (a) (ii) the appeal might be decided in favour of the appellant, it is of the opinion that no substantial wrong or miscarriage of Justice has occurred.
Idem
(2) Where the court allows an appeal under clause (1) (a), it shall,
(a) where the appeal is from a conviction,
(i) direct a finding of acquittal to be entered, or
(ii) order a new trial; or
(b) where the appeal is from a finding as to the ability, because of mental disorder, to conduct a defence, order a new trial, subject to section 44.
(3) Where the court dismisses an appeal under clause (1) (b), it may substitute the decision that in its opinion should have been made and affirm the sentence passed by the trial court or impose a sentence that is warranted in law. R.S.O. 1990, c. P.33, s. 120.
Orders on Appeal Against Acquittal
121 Where an appeal is from an acquittal, the court may by order,
(a) dismiss the appeal; or
(b) allow the appeal, set aside the finding and,
(i) order a new trial, or
(ii) enter a finding of guilt with respect to the offence of which, in its opinion, the person who has been accused of the offence should have been found guilty, and pass a sentence that is warranted in law. R.S.O. 1990, c. P.33, s. 121; 1993, c. 27, Sched.
Section Amendments with date in force (d/m/y)
Orders on Traffic Ticket Appeal Against Sentence
122 (1) Where an appeal is taken against sentence, the court shall consider the fitness of the sentence appealed from and may, upon such evidence, if any, as it thinks fit to require or receive, by order,
(a) dismiss the appeal; or
(b) vary the sentence within the limits prescribed by law for the offence of which the defendant was convicted,
and, in making any order under clause (b), the court may take into account any time spent in custody by the defendant as a result of the offence.
Variance of Sentence
(2) A judgment of a court that varies a sentence has the same force and effect as if it were a sentence passed by the trial court. R.S.O. 1990, c. P.33, s. 122.
One Sentence on More Than One Count
123 Where one sentence is passed upon a finding of guilt on two or more counts, the sentence is good if any of the counts would have justified the sentence. R.S.O. 1990, c. P.33, s. 123; 1993, c. 27, Sched.
Section Amendments with date in force (d/m/y)
Appeal Based on Defect in Information or Process
124 (1) Judgment shall not be given in favour of an appellant based on any alleged defect in the substance or form of an information, certificate or process or any variance between the information, certificate or process and the evidence adduced at trial unless it is shown that objection was taken at the trial and that, in the case of a variance, an adjournment of the trial was refused although the variance had misled the appellant.
Idem
(2) Where an appeal is based on a defect in a conviction or an order, judgment shall not be given in favour of the appellant, but the court shall make an order curing the defect. R.S.O. 1990, c. P.33, s. 124.
Additional Orders
125 Where a court exercises any of the powers conferred by sections 117 to 124, it may make any order, in addition, that Justice requires. R.S.O. 1990, c. P.33, s. 125.
New Trial
126 (1) Where a court orders a new trial, it shall be held in the Ontario Court of Justice presided over by a justice other than the Justice who tried the defendant in the first instance unless the appeal court directs that the new trial be held before the Justice who tried the defendant in the first instance. R.S.O. 1990, c. P.33, s. 126 (1); 2000, c. 26, Sched. A, s. 13 (6).
Order for Release
(2) Where a court orders a new trial, it may make such order for the release or detention of the appellant pending such trial as may be made by a justice under subsection 150 (2) and the order may be enforced in the same manner as if it had been made by a justice under that subsection. R.S.O. 1990, c. P.33, s. 126 (2).
Section Amendments with date in force (d/m/y)
Appeal By Way of New Trial
127 (1) Where, because of the condition of the record of the trial in the trial court or for any other reason, the court, upon the motion of the appellant or respondent, is of the opinion that the interests of Justice would be better served by hearing and determining the appeal by holding a new trial in the court, the court may order that the appeal shall be heard by way of a new trial in the court and for this purpose this Act applies with necessary modifications in the same manner as to a proceeding in the trial court.
Evidence
(2) The court may, for the purpose of hearing and determining an appeal under subsection (1), permit the evidence of any witness taken before the trial court to be read if that evidence has been authenticated and if,
(a) the appellant and respondent consent;
(b) the court is satisfied that the attendance of the witness cannot reasonably be obtained; or
(c) by reason of the formal nature of the evidence or otherwise the court is satisfied that the opposite party will not be prejudiced,
and any evidence that is read under the authority of this subsection has the same force and effect as if the witness had given the evidence before the court. R.S.O. 1990, c. P.33, s. 127.
Dismissal or Abandonment
128 (1) The court may, upon proof that notice of an appeal has been given and that,
(a) the appellant has failed to comply with any order made under section 110 or 111 or with the conditions of any recognizance entered into under either of those sections; or
(b) the appeal has not been proceeded with or has been abandoned,
order that the appeal be dismissed. R.S.O. 1990, c. P.33, s. 128; 1993, c. 27, Sched.
Dismissal by Justice
(2) Where the clerk of the court considers that an appeal has not been proceeded with or has been abandoned, the clerk may, after giving notice to the parties to the appeal, have the matter brought before a justice sitting in open court to determine whether the appeal has been abandoned and the appeal should be dismissed. 2011, c. 1, Sched. 1, s. 7 (10).
Motion to Restore
(3) A party to an appeal that was dismissed under subsection (2) may apply to have the appeal restored. 2011, c. 1, Sched. 1, s. 7 (10).
Section Amendments with date in force (d/m/y)
Costs
129 (1) Where an appeal is heard and determined or is abandoned or is dismissed for want of prosecution, the court may make any order with respect to costs that it considers just and reasonable.
Payment
(2) Where the court orders the appellant or respondent to pay costs, the order shall direct that the costs be paid to the clerk of the trial court, to be paid by the clerk to the person entitled to them, and shall fix the period within which the costs shall be paid.
Enforcement
(3) Costs ordered to be paid under this section by a person other than a prosecutor acting on behalf of the Crown shall be deemed to be a fine for the purpose of enforcing its payment. R.S.O. 1990, c. P.33, s. 129.
Implementation of Appeal Court Order
130 An order or judgment of the appeal court shall be implemented or enforced by the trial court and the clerk or local Registrar of the appeal court shall send to the clerk of the trial court the order and all writings relating thereto. R.S.O. 1990, c. P.33, s. 130.
Traffic Ticket Appeal to Court of Appeal
131 (1) A defendant or the prosecutor or the Attorney General by way of intervention may appeal from the judgment of the court to the Court of Appeal, with leave of a judge of the Court of Appeal on special grounds, upon any question of law alone or as to sentence.
Grounds for Leave
(2) No leave to appeal shall be granted under subsection (1) unless the judge of the Court of Appeal considers that in the particular circumstances of the case it is essential in the public interest or for the due administration of Justice that leave be granted.
Appeal as to Leave
(3) No appeal or review lies from a decision on a motion for leave to appeal under subsection (1). R.S.O. 1990, c. P.33, s. 131.
Custody Pending Appeal
132 A defendant who appeals shall, if the defendant is in custody, remain in custody, but a judge may order his or her release upon any of the conditions set out in subsection 150 (2). R.S.O. 1990, c. P.33, s. 132.
Transfer of Record
133 Where a motion for leave to appeal is made, the Registrar of the Court of Appeal shall notify the clerk or local Registrar of the court appealed from of the motion and, upon receipt of the notification, the clerk or local Registrar of the court shall transmit to the Registrar all the material forming the record including any other relevant material requested by a judge of the Court of Appeal. R.S.O. 1990, c. P.33, s. 133.
Application of Lower Court of Appeal Procedures, etc.
134 Sections 114, 117, 118, 119, 120, 121, 122, 123, 124, 125 and 126, clause 128 (b) and section 129 apply with necessary modifications to appeals to the Court of Appeal under section 131. R.S.O. 1990, c. P.33, s. 134.
FAQs About Traffic Ticket Appeals
What are The Steps for Appealing?
The first step would be to call a legal representative to discuss whether you have grounds to appeal or not. This is a very important step that can save you trouble and money down the road. After consulting with a legal representative, your next step would be to fill out the correct appeal paperwork. It is imperative that the appeal paperwork is filled out accurately. If there is an error on the appeal, it could lead to your appeal being dismissed in court. You would also need to pay your fine with the Provincial Offences Court and provide proof of the payment with the appeal (i.e., attach a receipt). Once you have filled out the appeal forms, then you need to serve the documents on the Prosecutor. After serving the documents on the prosecutor, you would then attend the appropriate court and have your appeal filed. After filing the appeal with the court, you must figure out whether your appeal will require transcripts.
How Many Copies of Transcripts Are You Required to Order When Appealing?
When you file an appeal with the court, if transcripts are required (which likely they will be), then three copies must be ordered. A copy for the court, a copy for the prosecution, and a copy for the defence. Transcripts can take time to be drafted, so it is imperative that you get the transcript request in as soon as you can and ensure that you have proof of requesting the transcripts in case your appeal hearing comes prior to the transcripts being completed. You will also need to order transcripts if a trial was conducted in your absence. This occurs with Part 3 matters issued on a summons.
What Do I Do When I Receive the Transcripts from the Transcriptionist?
The transcriptionist who is handling your transcript request will contact you once the transcripts are prepared. You will be required to pay for the transcripts in full prior to being able to receive the transcripts. Once you have the transcripts, then you must attend the Prosecutor’s office and serve them. You will then need to complete an affidavit of service, attend the court, and file a copy of the transcript with the court along with your affidavit of service that will prove you served the Prosecutor. The staff at OTD Legal Services have been successfully dealing with appeals for many years. We are familiar with the process. Once we are retained, we will serve and file all the appropriate documents required for your appeal.
Who Is My Traffic Ticket Appeal Heard in Front of?
Appeals are always heard before a Judge at the Ontario Court of Justice. The Judge will review the decision of the Provincial Offences Court to determine if your appeal shall be granted. If granted, your matter may go back into the Provincial Offences Court for a new trial, which takes place in front of a Justice of the Peace.
What is a Traffic Ticket Reopening?
A reopening is filed when you were convicted of a traffic ticket through no fault of your own. For example, Bob was given a Careless Driving ticket. Bob filed the ticket with the court within fifteen days as prescribed by the Provincial Offences Act. A month later, Bob receives a call from his insurance company that a conviction for Careless Driving is showing on his driving record. Bob contacts the court and discovers that the court mistakenly convicted him. Bob would have grounds to reopen the charge as he was convicted through no fault of his own. Bob’s next step is to file a reopening request with the court. Bob has 15 days to file a reopening from the date he became aware of the conviction. Bob cannot reopen the charge if he pays the ticket.
Do You Need to Appeal a Traffic Ticket in Ontario?
If you need to appeal a traffic ticket appeal in Ontario, contact OTD Legal Services as soon as possible. We can help you find out if you have grounds to appeal your ticket. We provide free, confidential consultations to get the process started. We help drivers throughout Ontario, including Kitchener, Georgetown, London, Windsor and Cambridge. Submit an online request on our website, call our office at 1-844-647-6869, or text a copy of the ticket or summons you would like to appeal to 226-240-2480.