Before continuing, please read this important notice about this site.


It is unfortunate if you have to consider an appeal. There are three kinds of appeals: acquittal, conviction, and sentencing. Acquittal appeals belong to the Crown, where they feel that you shouldn't have been acquitted. The latter two kinds of appeals belong to you. You can appeal the conviction, or the sentencing, or both. If you believe that you were wrongfully convicted, consider such an appeal to overturn the guilty conviction. If you do not wish to dispute the conviction, but feel that the fine (sentencing) is too harsh, consider a sentencing appeal. Sentencing appeal is usually not worth the time, money and energy involved, since we are talking about normal speeding tickets here. The typical fine does not exceed $300, so it is really no point to file an appeal trying to reduce the fine by a small amount.

Conviction appeal is what you should really consider, if you feel that you were treated unfairly in your first trial. If you fall into one of the situations described below, you may want to consider filing an appeal:

The best to do when you want an appeal is to consult a lawyer. You have 15 days to file an appeal from the date you were convicted. If you have exceeded the time limit, order an extension. The provincial court clerk should be able to assist you with that. You may have to pay your fines first, since you can't file an appeal without a receipt of payment. This is done so that the court can make sure that the appellant is not trying to evade payment of fines. You may also have to order three copies of transcript, one for yourself, one for the prosecution, and one for the judge who will be hearing the appeal. The cost can range from $50 to a few hundred dollars per copy. So appeals are not cheap, you should seriously consider it before you make your move. Consider hiring a lawyer, if possible. If you still want to represent yourself, at least consult a lawyer on how to prepare for the appeal. In an appeal hearing, it will usually be an argument of law, rather than facts. If you are not represented by someone who practises law, it is going to be extremely hard for you.

If you have admitted the offence in your first trial, you have basically spoiled your chance of successfully applying for an appeal.

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