Traffic rule violations are pretty common in Canada and according to Statistics Canada, the numbers of reported traffic violations have increased every year. However, after completing their trials with the traffic court, many individuals believe that the decision made was unfair.
The only way to go through a re-trial to rectify or change the court’s decision is by appealing to the court. However, the process is not exactly easy and there are several aspects that you should keep in mind.
If you are not proficient with how courts work, it is best to hire a criminal defence lawyer who can help you file the appeal and deal with the tedious process for you.
Also read: How To Find A Good Criminal Defence Lawyer
Appeal Within 30 Days
This is the most critical condition of filing for an appeal. If you disagree with the charge or the court’s decision, it is important that you appeal within 30 days of your matter concluding otherwise, there is a high chance that you will not be allowed to appeal.
Moreover, even though you have 30 days to appeal, it is advised that you consult with an experienced lawyer as soon as you get the court’s decision.
There are some cases in which the court will allow you to appeal even if your 30 day window has expired. To understand these situations, contact a lawyer.
Can You Appeal Without A Lawyer?
Yes, to appeal, you do not need a lawyer.
However, the main question that arises here is whether it is advisable to appeal without a lawyer? The answer is no.
Appealing to a court regarding a decision that was passed is a complicated matter that is based on several rules and conditions. You will have to meet specific deadlines and requirements.
If you miss these deadlines or don’t complete the requirements properly, your appeal will be rejected. Hence, in such a case, it is best to consult with a lawyer. An experienced lawyer understands the importance of deadlines and other court requirements.
What Can You Appeal For?
You can appeal to almost all court decisions. The appeal is made to the Court of Queen’s Bench for all offences including a traffic offence.
Most commonly, people appeal to convictions and court decisions that are made in the absence of the offender. In these appeals, the Queen’s Bench justice is asked to review the decision made.
Another type of appeal that is usually seen is due to findings of guilt after a trial. This appeal is much like a normal conviction appeal.
Moreover, you are also free to appeal the sentence imposed. In this appeal, a normal sentence appeal is discussed.
What Happens After You File The Appeal?
Note that an appeal is not a do-over of the matter. This also holds for traffic appeals. In an appeal, the person of justice looks at the record of the case that already exists. These include statements, transcripts, visual evidence and more.
The only thing that is checked during the review process is whether the previous judge missed anything or made a mistake while making the decision or not. Once the review is done, a written legal argument is submitted by the Crown Prosecutors and a date is set for oral arguments to be made.
For the oral argument, it is better that you hire a lawyer. Here the argument is usually about whether the judge or justice made mistakes that affected their decisions or not.
At this point, it is important to know that appeals are not quick, it can take as much as three months for the decision to be handed down.
If you are successful in the appeal, you will be given a new sentence based on the available evidence and the argument put forth by your lawyer.
About Slaferek Law
Slaferek law lawyers are highly proficient at strategizing effective defence strategies that can lead to case dismissal, reduced charges, reduced penalties, and more. To get in touch with us today, click here. Our expertise lies in criminal cases and DUI cases.
If you are scrambling with charges or are looking for a good criminal defence lawyer to fight your case, our team of trained lawyers can help you build a strong case. We have successfully closed hundreds of cases pertaining to murder, DUI, financial fraud and more.