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Appeal and Reopening Applications

When a court date for a traffic ticket is missed, there may still be a chance to have te matter heard in court. The defendant has two options, to apply for a reopening or to apply for an appeal.

APPEAL APPLICATIONS

Appeals are complex applications to a Judge in a higher court challenging the conviction of an offence. Appeals are usually for more serious offences and must be submitted within 30 days of the conviction date.

Serious traffic tickets that are issued under Part 3 of the Provincial Offences Act, such as No Insurance, Driving with a Suspended License, Stunt Driving etc. cannot be reopened if the trial date was missed but must be appealed.

In order to appeal a decision made on serious offence, or any offence, the following criteria must be met.

1. The fine was paid in full, or the defendant enters into a recognizance

2. The defendant is still within the 30 day time period from the date of conviction

3. The appeal is submitted at the corresponding court location

If you have been convicted of a traffic ticket and the conviction needs to be appealed, call our office and let us help you navigate through the complexities of the justice system

CALL

416-678-5247 or 1-844-786-7858

REOPENING APPLICATIONS

Reopenings are available if a simple traffic ticket was given and the defendant failed to show up to court, or simply forgot to file the traffic ticket.

Like all court procedures, a reopening application has certain criteria that have to be met in order for a reopening to be granted. If the correct information is not put before a Justice of the Peace, the defendant risks the chance of having their reopening application denied. In order for a reopening to be granted the following must be met.

1. The application is done within 15 days of finding out about the conviction

2. The conviction resulted through no fault of the defendant

3. The application must be done at the appropriate court location

We have helped numerous clients apply for a reopening application and secured a new court date on their behalf. We recognize that each situation is different. Give our office a call and let us help you as well.

CALL

416-678-5247 or 1-844-786-7858

EXTENSION OF TIME TO FILE APPEAL

The last option available to an accused that has missed their trial date for a traffic ticket, is to apply for an extension of time to file an appeal, if the defendant is outside of the 30 days given to file a proper appeal.

Extensions of time to appeal have different forms depending on the jurisdiction of the offence. This process can be even more complex than a regular appeal or an application for a reopening.

If the documents are not filled in correctly, filed at the appropriate court location or missing documentation, the defendant applying for an extension runs the risk of having the extension application denied, leaving them with very little options, if any.

We can help! Don't get stuck trying to figure out the justice system, call us instead and let us fight for you!

CALL

416-678-5247 or 1-844-786-7858