The court may or may not accept the motion appealing a traffic ticket conviction is your opportunity under the law to avoid the penalties of the conviction. If you feel mistakes were made, either in law or in the judgement, you may have grounds for an appeal to overturn the conviction.
A successful appeal means you may not have to pay any fines, get any demerit points, or suffer any related increases in your car insurance rates. However, it’s important to note that, even if you win your appeal, your case may not be concluded. The court may order a new trial.
How to Appeal Traffic Tickets
Pay the Fine
Following conviction, you must pay the fine assessed by the court before you can file an appeal.
Prepare the Appeal
You will need to assemble your transcripts of the original court appearance, an outline of the grounds for your appeal, any supporting documents, and proof that you have paid the fine.
File the Appeal
You have 30 days in which to file your appeal following the conviction. You may apply for a “Motion to Extend the Time to File an Appeal” if it’s more than 30 days after your conviction. The court may or may not accept your motion.
Get an Appeals Court Date
If the court accepts you, a date to appear in appeals court will be set for you.
- Attend the Appeals Court
Present your case for why you think an error in law or judgement exists in the original trial. You will need court transcripts from the original trial to support your case.
Protect Your Rights
Appealing a traffic ticket is a complicated process. You must follow the right procedure. If you do not, or your case is not as strong as possible, you may lose your appeal.
You must protect your rights and give yourself the highest chance for success. The first step to doing so is to hire the right legal team. One with experience in winning appeals against traffic ticket convictions. X-Copper’s team of qualified lawyers, former police officers and legal professionals understand how officers enforce the law, and how the courts hear and process your case. And we know how to get the best results possible.
To find out more about demerit points in Ontario, check out our article “The Ultimate Guide to Ontario’s Demerit Point System“.