Under the Provincial Offences Act of Ontario, there are three types of appeal:

1) Acquittal:
     where the prosecution feels strongly you should not have been acquitted

2) Conviction:
     if you strongly believe you were wrongfully convicted, an appeal may result in an overturned verdict

3) Sentence:
     if you believe the sentence was too harsh

Other reasons to consider an appeal:

  • failure to file notice of appeal within the prescribed timeframe
  • driver’s licence suspension that requires a stay
  • failure to respond to the offence notice – requires a reopening
  • require extension to pay fine(s) to avoid driver’s licence suspension
  • require suspension lifted

When considering an appeal, keep in mind you have 15 days to file from the date of conviction. If that time limit has expired, an extension may be granted. You may also have to pay your fine(s) and provide the receipt. If an appeal is allowed, three copies of the court transcript are required. Appeals are tricky, time consuming and usually argued on law rather than facts.

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