How do I appeal my judgment?
If you disagree with the Court's ruling, you have the right to an appeal. An appeal is not a retrial. New evidence such as testimony and exhibits are not given to the appellate court; it sees only what evidence was given to the trial court. An appeal is a legal procedure used to ask the court to reconsider a court decision. If you feel the judge has made a legal error in the decision, then you may file an appeal. The papers must be completed and filed with the Clerk's Office at the location where the case was heard, within 30 days of the court decision or within 30 days of the mailing of judgement. There is no charge to file an appeal.
You must prepare what is called a Proposed Statement of Appeal. This statement must be filed within 15 days from the date the Notice of Appeal was filed with the Court. Along with the testimony and evidence, the statement must contain your legal reason for the appeal. The statement may also be filed at the same time as the Notice of Appeal form.
Filing an appeal does not stay execution of the sentence unless a judicial officer orders a stay. Be aware that the fine and any orders by the Court must be paid/complied to the Court by the due date.
A Hearing to Settle Statement on Appeal is scheduled. The judicial officer who made the decision on your case will usually conduct the hearing. You and the judicial officer will discuss the Engrossed Statement on Appeal, a document that will be forwarded to the Appellate Court.
You can pick up an appeal packet at the Traffic Division after the appeal has been filed. You will be scheduled for a hearing for a Settled Statement of Facts.
The case is forwarded to the Appellate Department for a ruling. A decision or ruling takes up to three months. Sometimes the Court will require another court appearance to clarify your written statement. Information will be sent through the mail which includes all proceedings and rulings.