There are usually two (2) situations where the driver may want to consider an appeal or a reopening.
- The court office made an error and the driver was convicted of the ticket.
- The driver missed the court date and was convicted of the ticket.
A traffic ticket reopening is where the driver or defendant has been convicted of a traffic ticket due to no fault of their own.
The driver then makes a written application to the court, asking the court to remove the conviction and grant a new trial date.
For example, the driver missed the court date because they were out of the country, or a medical situation occurred and they were unable to appear for their trial.
The Ontario Provincial Offences Act states;
Where a driver has been convicted due to no fault of their own the driver may apply to the court, within fifteen days of being aware of the conviction to make an application to have the matter reopened..
The application to the court would ask the justice to review the application, cancel the conviction and issue a new trial date.