Received a traffic ticket in Ontario? You don’t have to worry about the Traffic Ticket going on your driving record if you’re able to fight the charge. The process looks lengthy, including months of court appearances in a lower court before the entry of an appeal but it is worth fighting as it saves/reduces Penalties, Insurance Rate hikes, and your Driving Records.
So, today in this BLOG we will discuss how to appeal a traffic ticket in Ontario.
NOTE: Before we start, we need to tell you that this is just for general guidance, and for proper legal advice you need to Contact Us!
STEP 1: Thinking About Getting Legal Advice
Once you get a ticket, the first thing that comes up is “What to do?”. You can pay the fine if you think that the fault was yours or fight for it was not your fault or if there is some mistake in judgment or an error in the law.
In any case, we advise that it is always a better choice to fight for it as it can at least lessen your fine to be paid or even get a dismissal for the ticket, keeping the driving record clean.
We at TicketZapper will help you find the right “Licensed Paralegals” who will fight for your Traffic Ticket, be it a careless driving charge from an accident, no insurance charges because you could not afford the skyrocketing rates, or just a speeding ticket violation.
In deciding whether to obtain legal advice, especially if you plan to represent yourself, there are many things to be considered. Some facts to be considered are the following facts:
- the charge you are facing,
- the complexity of the case,
- your understanding of the legal process and the issues, and
- the risk of a substantial fine
STEP 2: Understand What Have You Been Charged with and What Are Your Options?
Your ticket (also known as an “offence notice” or “parking infraction notice”) or summons sets out the offense with which you are charged.
If you get a ticket that is not a parking ticket (such as a speeding ticket), your options will be set out on the back of it. There are two types of tickets.
(A) If you receive the first type (Form 3), you have three options:
(i) Plead guilty by paying the total amount shown on your ticket.
(ii) Go to the court office shown on the ticket and plead guilty and make submissions about the penalty (including the amount of fine or how much time you must pay).
(iii) Ask for a trial date. See the back of your ticket for information about how to get a trial date set.
(B) If you receive the second type of ticket (Form 4), the second option is different.
You may request a meeting with a prosecutor by checking a box on the ticket. You will then receive notice of the date and time of the meeting. By meeting with the prosecutor, you do not give up your right to a trial; however, you may be able to resolve the case. Possible resolutions could include a withdrawal of the charge or an agreement in which you plead guilty to a less serious charge. If you or someone on your behalf does not attend the meeting or the court date scheduled after the meeting, you may be found guilty.
(C) What if you get a parking ticket:
(i) Plead guilty by paying the total amount shown on your ticket.
(ii) Ask for a trial date. See the back of your ticket for information about how to get a trial date set.
If you have questions about a parking ticket, contact the office shown on the parking ticket.
If you get a ticket and do not do one of these things within 15 days of receiving your ticket, or if you or someone on your behalf does not attend court for your trial, you may be found guilty.
(D) What if you get a summons:
Firstly, you or someone on your behalf must attend court at the time and place shown on the summons:
(i) If you or someone on your behalf does not attend court and it is a trial date, a warrant for your arrest may be issued or your trial may go ahead without you. If your trial goes ahead without you, you might be convicted and sentenced. Depending on the offence with which you have been convicted, you might be sentenced to jail and a warrant issued for your arrest.
(ii) If you or someone on your behalf does not attend court and the date is not a trial date, a trial date may be set at that time, and you will not be notified of the trial date.
(iii) If you or someone on your behalf does not appear at the time and place shown on the summons or for a scheduled court date, you may be charged with “failing to appear” in court.
(iv) If you or someone on your behalf does not attend a scheduled court date, it is your responsibility to find out from the court office what happened, including whether a trial date was set and for what date.
STEP 3: What are the Rules for Traffic Ticket Appeals?
There are rules for filing Appeals in traffic court.
Each specific court jurisdiction may have additional rules or procedures that defendants must adhere to when filing appeals.
The specific rules for an appeal are:
- appeals must be filed within thirty (30) days of the conviction date
- if thirty (30) days have passed, the defendant must apply for a “Motion to Extend the Time to File an Appeal”
- the fine must be paid before an appeal will be accepted
- where a trial has been held, court transcripts will be required for the appeal hearing
When filing an appeal, the defendant must provide the following:
- transcripts of the original court hearing.
- be able to list or explain the grounds for the appeal.
- a factum outlining the appellant's argument to the appeal court.
- affidavits where necessary.
- proof of the fine payment.
The applicant must explain to the appeal court where the original justice made an error in law or error in judgment. Where a trial has been held, the appeal court will require that the defendant provide the transcripts from the original court hearing.
CONCLUSION:
This was just an overview of the process of receiving a traffic ticket in Ontario and what are the options if planning to appeal for it.
If you want detailed information on this process and are planning to appeal, you can contact us at: 844 764 6877 or just visit us at TicketZapper. You can also simply upload Get Quotes to our website to get quotes.
We have a team of the best lawyers in Ontario dealing with all traffic ticket offenses.
At TicketZapper, we strive to protect your driving record. Don’t let a mistake negatively impact your insurance rates for the long term.