Traffic Ticket Reopenings

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.

The traffic ticket courts have strict rules for applying for a reopening, and the driver must apply at the original court where the conviction was registered.

Reasons for applying for a reopening;

• The driver for reasons beyond their control did not file the ticket with the court within the required time limits and has been convicted.
• The driver applied for a trial date, did not receive the trial notice in the mail and was convicted as having not appeared at the trial date.
• The driver through no fault of their own, or with a reasonable explanation missed their trial date and was convicted.

In applying for a reopening, the defendant must swear under oath before a commissioner of oaths that the contents of the application is true. The affidavit must be in person with an original signature. Copies, emails or faxes will not be accepted.

Appeals are different from reopenings. Drivers may want to seek advice prior to doing either one as in some instances an appeal may be more preferable than doing a reopening. Also, when a professional takes over the situation, things will be done properly and without any further errors being made.

Appeals cover most situations, where a reopening is where a driver has been convicted due to no fault of their own, e.g. a court mistake.

Reopenings have to be filed within fifteen (15) days of learning of the conviction. Appeals are given thirty (30) days.

Once you file your reopening, you have to wait for a Justice to review and make a decision about whether to reopen the case. You do not get an opportunity to speak with the Justice. In an appeal, you are granted a court date immediately, the conviction comes off the driving record, and you are allowed to attend court and explain the situation to the Justice.

In an appeal you have to pay the fine first. In reopenings you do not have to pay the fine to apply.

The differences between an appeal and a reopening are;

• Reopenings must be done within fifteen (15) days of learning about the conviction.
• Reopenings are where the defendant was convicted due to no fault of their own.
• The driver must not have paid the ticket to apply for a reopening
• The application is usually heard within four (4) days or sooner.
• The conviction stays on the driver record until the Justice approves a reopening.
• Reopenings are granted at the whim of the Justice, whether the driver feels they had a valid reason or not.

OTT Legal are experts in traffic ticket defence, reopenings and filing appeals.

We have years of experience helping drivers as former police officers, Ministry officers and licensed paralegals.  To get expert advice, contact the office in your area >

Drivers may apply to have their traffic ticket reopened or OTT Legal may be able to assist with the application.

OTT offers a free opportunity to discuss your case and advise you on the best process to resolve your traffic ticket issue.

The process of applying for a reopening begins with the driver completing a reopening application and delivering it in person at the court where the conviction was registered.

This court document requires that the driver or his agent complete the form with the drivers information and a description of the charge.

The driver (now called the defendant) must provide to the Justice reviewing the matter their explanation of why they were unable to appear at their hearing.  The defendant must have been convicted “due to no fault of their own”.

The defendant must not have paid the ticket prior to applying for the reopening.

The application must be submitted within fifteen days of learning of the conviction.

Once the application is submitted to the court, a Justice of the Peace will review the application.

The Justice will either approve or deny the reopening.

Where the Justice approves the reopening, the conviction will be removed from the drivers record and a new court date will be set with the court.

Where the application has been denied the only recourse the driver has is to appeal the Justice’s ruling.

See Traffic Ticket Appeals >