How To Re-open And Appeal Tickets And Fight Suspensions!!
#1
How To Re-open And Appeal Tickets And Fight Suspensions!!
Yea, so I'm on here reading the crazy stories about tickets and insurance rates that a lot of you guys have. So, I decided I should share some of the info that I have acquired through the years. This is not a way to cheat/beat the system, but rather an explanation of some of your rights as a law abiding citizen.
Now, their are two ways that I know of which may allow you to have your conviction reconsidered.
If your ticket is not very old (maybe a year old), and you have a reason why you were not able to appear at your hearing, or if you didn't receive a notice/document relating to the offence in question then you have the right to apply for a re-opening. When you go to the ticket office (Ontario Court of Justice) then you need to ask for a Affidavit In Support of a Request for Reopening.
You will need to fill out this form with all the info of your ticket/conviction. If you don't have all this information, go to the little info booth and ask the person for an ICON. This Icon will state all of your convictions, tickets, dates, etc.
After you fill this form out, using the icon for reference, you will need to give it to the them (the people in the ticket office). They will then take the info and give it to the office of the justice of the peace. They will then, tell you to report to the justice of the peace. You will wait for between 5-30 minutes and have the opportunity to speak to the JP. They are addressed as "your worship".
Now, the JP has the authority to grant you a re-opening at his/her own discretion. This is based on the reason you provided in your re-opening. :thumbsup:
If you are given the re-opening, you have the opportunity to have a new trial and the conviction will not be on your record until you have your day in court.
Now, I would advise that you don't go to the JP with multiple tickets all at once. Unless, they are all related (ie. 2 tickets at the same date, same reason for not going to court, or not being able to ask for a court date etc.)
JP's ROTATE. So, chances are, if you come back the next day their will be another JP. :thumbsup:
Now, if the JP does not grant you a re-opening you have another option. However, the JP is your best option as they are often understanding of reasonable circumstances.
Your second option, which should be used if the ticket is very very old (2+ years) or if you got rejected by the JP is to apply for an appeal. To do this, you might need to get 2 forms. One being an Application to extend time for an appeal and the second form being the appeal application itself.
Now, if you pleaded guilty because you were unaware of the repercussion (ie. record, skyrocketing insurance, demerit points etc.) or if you have some other valid reason for not setting a trial date, attending your trial date or being prepared for your trial then you can explain this on your application.
When you submit your application you will be able to speak to a JP. If it is accepted, then you will be given a new trial date on the spot.
Now, these options are pretty straight forward. You can and should do these things on your own. It might now reflect well on you showing up to the JP's office with a lawyer. Save the lawyer/representative for trial.
If you are dealing with DUI's/Suspended licenses/No insurance (ie. You really didnt have insurance...not just not having your papers) then you should contact an representative. If you need help with this, or want to know a good/affordable representative then PM me.
If you are paying crazy insurance rates, it is really in your best interest to have a trial. It is your right to have a fair trial. You can potentially cut your insurance rates in half, or even more. So, for the guys paying 7000 dollars a year you can hire a good representative and save 3000 dollars a year or more for the next 3-5 years.
FINALLY, you should all be aware that any lack of info (ie. name of officer, location, time etc.) on a ticket is grounds for a re-opening or Striking out of Conviction. You should also be aware that NO two JPs are the same, so one good/bad experience will not necessarily repeat itself.
AIGHT. Im done. Im tired. I'll cover suspensions next time.
Now, their are two ways that I know of which may allow you to have your conviction reconsidered.
If your ticket is not very old (maybe a year old), and you have a reason why you were not able to appear at your hearing, or if you didn't receive a notice/document relating to the offence in question then you have the right to apply for a re-opening. When you go to the ticket office (Ontario Court of Justice) then you need to ask for a Affidavit In Support of a Request for Reopening.
You will need to fill out this form with all the info of your ticket/conviction. If you don't have all this information, go to the little info booth and ask the person for an ICON. This Icon will state all of your convictions, tickets, dates, etc.
After you fill this form out, using the icon for reference, you will need to give it to the them (the people in the ticket office). They will then take the info and give it to the office of the justice of the peace. They will then, tell you to report to the justice of the peace. You will wait for between 5-30 minutes and have the opportunity to speak to the JP. They are addressed as "your worship".
Now, the JP has the authority to grant you a re-opening at his/her own discretion. This is based on the reason you provided in your re-opening. :thumbsup:
If you are given the re-opening, you have the opportunity to have a new trial and the conviction will not be on your record until you have your day in court.
Now, I would advise that you don't go to the JP with multiple tickets all at once. Unless, they are all related (ie. 2 tickets at the same date, same reason for not going to court, or not being able to ask for a court date etc.)
JP's ROTATE. So, chances are, if you come back the next day their will be another JP. :thumbsup:
Now, if the JP does not grant you a re-opening you have another option. However, the JP is your best option as they are often understanding of reasonable circumstances.
Your second option, which should be used if the ticket is very very old (2+ years) or if you got rejected by the JP is to apply for an appeal. To do this, you might need to get 2 forms. One being an Application to extend time for an appeal and the second form being the appeal application itself.
Now, if you pleaded guilty because you were unaware of the repercussion (ie. record, skyrocketing insurance, demerit points etc.) or if you have some other valid reason for not setting a trial date, attending your trial date or being prepared for your trial then you can explain this on your application.
When you submit your application you will be able to speak to a JP. If it is accepted, then you will be given a new trial date on the spot.
Now, these options are pretty straight forward. You can and should do these things on your own. It might now reflect well on you showing up to the JP's office with a lawyer. Save the lawyer/representative for trial.
If you are dealing with DUI's/Suspended licenses/No insurance (ie. You really didnt have insurance...not just not having your papers) then you should contact an representative. If you need help with this, or want to know a good/affordable representative then PM me.
If you are paying crazy insurance rates, it is really in your best interest to have a trial. It is your right to have a fair trial. You can potentially cut your insurance rates in half, or even more. So, for the guys paying 7000 dollars a year you can hire a good representative and save 3000 dollars a year or more for the next 3-5 years.
FINALLY, you should all be aware that any lack of info (ie. name of officer, location, time etc.) on a ticket is grounds for a re-opening or Striking out of Conviction. You should also be aware that NO two JPs are the same, so one good/bad experience will not necessarily repeat itself.
AIGHT. Im done. Im tired. I'll cover suspensions next time.
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