FYI
I decided to take the advise & ammended ticket (from 134/100 to 115/100 ) "Biron" arranged for me with the prosecution instead of responding to the appeal. Being certin about the outcome, has relieved the burden.

I have to say thank you to all on this forum for their information and opinion. That knowledge got me this far and allowed me to experience the court system first hand.

Allthough I am relieved, I do feel dissapointment of not seeing this thru to the end.

This time I felt as if luck was not on my side.....................

Cheers

What did the prosecution offer? Reduced to no points.... Did you get the transcript and the crown's appeal factum? YES.......... Have you hired a paralegal/lawyer? Have recieved help from Biron......... Were you able to show through cross-examination that the officer's level of knowledge on how to operate the device suffered due to a lack of training/qualifications, or was it strictly a non-disclosure issue? Non disclosure, nothing was provided to show he was qualified. I will continue if there is a glimmer of hope..............just trying to get that feeling, but my time is running out! mdevo

With this type of appeal what costs are associated? I understand that if I loose I would have to pay for representation and the original ticket cost, but can there be other court imposed costs?

I'm trying to decide if it is worth while to take an offer from the prosecution, or continue with this appeal.


Thanks again.....

NOTE: Special thanks to BIRON for all the help provided.

Hi,
I did a search but found no info with regards to the number or type of infractions that will trigger your insurance to increase.

Is there a general rule of thumb for this?

I have heard a few difference of opinins on this such as 3 infractions regarless of the severity will cause an increase, and also if a ticket is below 15km over it will have no effect.

Can anyone shed some light?

Cheers

Wow!

I originally decided to take this case on as a sort of science experiment, since I was curious how our justice system works. Everyone seems to cave in and just pay the fines, but I thought lets learn somthing for the cost of the fine. When the case was dismissed, I thought "oh my god" this system is a joke!

Thinking I may have bit off more than I can chew!

It is most likely that the prosecutor is appealing the dismissal of the charge only out of principle. Probably the prosecutor will not proceed with the charge against you. You may contact the prosecutor and ask if they will be looking for a) a new trial, b) a conviction or c) just a court order. In any event, for what you disclose the chances of successful prosecution appeal are very very remote and you should not worry about it. As part of the appeal process, the prosecutor must serve upon you (provide you with) a copy of the transcript of proceeding. Once you get the transcript, feel free t...

Thanks for all the reply's.
I am still trying to figure out what path to follow & doing some research.
I will contact the prosecutor as suggested, maybe this will shed some light.
I remember how nasty she was at the trial, and I'm not looking forward to another confrontation.

I have until June 23rd so keep the suggestions comming......

Cheers

I had asked for a copy of the officers training records in my disclosure, and they did not provide it. At the trial I cross examined the officer and asked if he was qualified, and where is the documentation to support the qualification. He replied he was qualified, and he had proof in his file. The justice agreed that there was nothing presented to support he was qualified to operate the device, and dismissed the charge.

Hi all,
I have utilized some of the information provided by this forum to successfully get a dismissal for a speeding ticket last year. The ticket was for 134 in a 100, and the dismissal was granted based on a lack of training & qualification of the officer. The justice agreed that the prosecution did not disclose any documentation to suport the qualifications of the officer to operate the device.
I now have been notified the prosecution is appealing the dismissal.
Any thoughts on how I can defend? If so can you provide some detail please.

Thanks in advance for any info or advise.