Inquiry: I got into a car accident today with a lot of damage to both cars, but everyone is okay. I was driving north and ran a freshly turned red light. I collided with a car coming from the south side and turning left on the yellow/red light. So I got a $300 ticket with 3 demerit points. What are the chances of the demerit points and/or fine being dropped/reduced if I appeal the ticket while pleading guilty? I have a clean record with no prior violations. Have been driving 7-8 years and have a g license. Thanks a lot!
Response: An appeal is a court action asking the court to bring back for trial a matter that has gone to conviction. If your intention is to contest the charge issued against you in protecting your financial, driving record, liability, and insurance interests, then pleading guilty and hoping for an appeal to be granted would not make sense. With the standard defence of most cases, our court staff file the matter with the court depending on the local jurisdiction’s practices and then request a disclosure of the Prosecutor’s evidence when it is available. Either on or before the trial date, the Prosecutor and our court staff would then sit down to review the merits of that evidence in determining whether or not the Prosecutor has enough to proceed on or whether the charge can simply be withdrawn. The grounds for the charge to be withdrawn are generally not specifically known in advance of evidence being released. If there is no grounds to have the charge withdrawn, then both sides will generally enter into negotiations to see if an agreement to a lesser offence can be reached, or whether the matter will proceed forward to trial. The odds of a resolution be reached will depend upon what court and Prosecutor you case is before, and the details contained within disclosure. If you would like to speak with one of our staff in more detail, we offer a no-cost initial review of cases via our toll-free number 1-866-801-8299.