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After a case is heard in the city court, an appeal can be taken to the Superior Court. If you are wondering whether to appeal your case, read on.
There are times when an appeal is necessary such as:
- Your ticket was defaulted and the court will not set it aside
- You weren't served by a process server but your ticket was defaulted
- You had a hearing and believe the hearing officer made a legal mistake
There are times when it's unlikely an appeal would be successful such as:
- You signed up for Defensive Driving and didn't go
- You were served by a process server but you ignored it
- You had a hearing and believe the hearing officer made a factual mistake
A factual mistake is when you believe the hearing officer should have found you not responsible because he or she should have believed your version of the facts. A legal mistake is when you believe the hearing officer was wrong in how he or she interpreted the law. The examples above do not cover all scenarios, just the more common ones. Your case may be unique for other reasons.
If you are going to appeal, remember that you must file a Notice of Appeal within 14 days of the decision you are appealing. Refer to the Appeal Guide below where you will find the forms, deadlines and information you need to prepare your appeal. If you need additional help, email us or schedule a telephone consultation. Best of luck to you!Appeal Guide
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