Want to appeal conviction but 15 days have passed

[phunksouljah]

Last year I got 2 tickets, 1 for speeding (70km in a 50 zone) and 1 for not having my insurance with me. So I decide to fight the tickets since I do have insurance and go to court in Toronto to request a court date, got my tickets stamped, etc. But the thing is I never received a notice of trial and now I'm passed the 15 day limit to request an appeal (I'm guessing this might be due to the postal strike). Is there anything I can do here or am I SOL?

[tribal250]

technically its 15 days from the day u found out about the conviction, not from the day of the conviction. so due to the postal strike u should be ok

[Rob MacLennan]

Do you know, for certain, that there has been a trial?

[phunksouljah]

No, I'm not sure. Won't be able to call them until later so I'll confirm then.

[Rob MacLennan]

No, I'm not sure. Won't be able to call them until later so I'll confirm then.

Once, five of my friends were chased down by an over zealous OPP officer (he was the most dangerous thing on the road, that day) and presented with tickets for speeding at 100 Kmh over the limit. Said officer had never laid eyes on them; apparently he was relying on his ears to judge the speed. My friends hired local paralegals, to represent them, who ultimately determined that the tickets were never even submitted.

So make sure that the charge actually exists and that, indeed, there has been a trial.

[rukus]

technically its 15 days from the day u found out about the conviction, not from the day of the conviction. so due to the postal strike u should be ok

no. 15 days from conviction. pleading ignorance doesnt work, even if its true.

[phunksouljah]

Once, five of my friends were chased down by an over zealous OPP officer (he was the most dangerous thing on the road, that day) and presented with tickets for speeding at 100 Kmh over the limit. Said officer had never laid eyes on them; apparently he was relying on his ears to judge the speed. My friends hired local paralegals, to represent them, who ultimately determined that the tickets were never even submitted.

So make sure that the charge actually exists and that, indeed, there has been a trial.

I didn't get to speak to anyone but got a response to my email. My court date was on June 16 in morning. I was told to go see them if I wanted to discuss this further.

[tribal250]

its actually 15 days from when u were made aware of the conviction

[rukus]

show me where it says that.

[phunksouljah]

So I went to the courthouse and was able to speak to the JP. Wanted this done and over with so I took a deal. They withdrew the charge for failing to surrender my insurance and dropped the speeding to 15 over with no points. This is the first speeding ticket I've gotten in over 20 yrs of driving (only the last 3 have been on a bike). Crossing my fingers that it doesn't affect my insurance.

[tribal250]

11. (1) A defendant who was convicted without a hearing may, within 15 days of becoming aware of the conviction, apply to a justice to strike out the conviction. 2009, c. 33, Sched. 4, s. 1 (16).


This is taken from the Provincial Offences Act

show me where it says that.

[rukus]

fair deal