Posts Tagged ‘Appeal’

Inquiry: My son has rec’d speeding tickets in the past under 16 kph and did not receive any demerit points. He paid his tickets without any questions being asked but now finds that he is being denied employment for not having a clear abstract. Is there any kind of amnesty program or pardon program that would enable him to show 0 demerit points and a clean abstract now before the 3 years are up?

Response:  Many drivers are unaware that even charges carrying zero demerit points remain on a driving history for the three year period and will have an impact on insurance rates or employment.  To my knowledge, outside of having a valid grounds of appeal, there is no means of removing convictions from a driving history.  You could however contact the MTO to follow up with them about any possible avenues.  We generally recommend discussing the defense and penalties of any charge with a licenced paralegal before deciding whether to plead guilty or contest the charge.  We offer a no-cost initial consultation to review these issues and can be reached via our toll-free number 1-866-801-8299.

Sincerely,
Greg Currie
Office Manager, London

Inquiry: hi, I got a ticket in 2009 while driving my employers work vehicle for not having the proper insurance info in the truck! at the time I did NOT realize that this would impact my record. My employer paid the ticket that was in my name but now it has impacted my new insurance policy, is there anything I can do to remove this ticket fromm my record?? thank you for your time.

Response:  Unfortunately, by having paid the ticket you plead guilty to the offence.  The plea of guilt coupled with the age of the conviction would make an appeal very difficult to win.  In the case that you describe, an appeal could be filed with the court, but given the odds of success you may find that the legal costs would exceed any benefits gained.  Our advice is to always contact a paralegal before deciding whether to plead guilty or contest a charge at Court.  We offer a no-cost initial consultation to review charges and can generally determine whether or not it is worthwhile to fight a case at Court or simply enter a guilty plea.  As you’ve noted, even minor offences can lead to thousands of dollars of increased insurance, whereas fighting them at Court would have only cost a few hundred dollars.  Should you require our services in the future, we can be reached via our toll-free number 1-866-801-8299.

Sincerely,
Greg Currie
Office Manager, London

Question:   Hi, I was convicted under section 159.2 and would like to appeal. I believe I had a good case, but my witness was too nervous to come up to the stand (he’s esl) and the other was witness was out of town.. how can I file an appeal?

Answer:  Good morning.  It sounds like you may not have a very strong grounds for appeal.  An appeal must be based on an error of fact, or an error in law.  We generally recommend contacting one of our staff for a free consultation as soon as you have been issued a charge.  After a case has gone to conviction, there is generally little that can be done and the work and cost involved to appeal a conviction can be prohibitive.   You may however wish to contact one of our Agents to look at the specifics of your individual case via our toll-free number 1-866-801-8299.  Another option would be to develop the appeal on your own and file it with the Court directly.  However, if you are going to file an appeal it would be best to have the argument prepared by a licenced Paralegal to maximize your chances of having the appeal granted.

Sincerely,
Greg Currie
Office Manager, London