Traffic Ticket Appeals

An appeal for a traffic ticket may be filed when the defendant has been convicted and they believe the Justice has:

• made an Error in Law, or
• made an Error in Judgement.

Appeals may be filed under other circumstances such as;

• the defendant was denied a reopening request
• the defendant failed to appear or apply for a hearing and has a reasonable explanation
• the Justice improperly admitted or omitted an issue at trial
• the Justice failed to give reasons for a decision
• the Justice failed to consider an important piece of evidence
• verdict was unreasonable and without grounds to support the decision
• the Justice allowed improper conduct by the prosecution during the trial
• justice was biased

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 the thirty (30) days have past, 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 be held, court transcripts will be required for the appeal hearing

When filing an appeal the defendant must provide;

• transcripts of the original court hearing.
• be able to list or explain the grounds for the appeal.
• a factum outlining the appellants argument to the appeal court.
• affidavits where necessary.
• proof of the fine payment.

The appellant must explain to the appeal court where the original justice made an error in law or error in judgement.

Where a trial has been held, the appeal court will require that the defendant provides the transcripts from the original court hearing.

OTT Legal has years of experience helping drivers with traffic ticket appeals and we can help you.  Where you have been wrongly convicted OTT Legal can assist you in filing and representing you at the appeal court.

Call OTT Legal or contact the office in your area to get free legal advice about traffic ticket appeals.