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Difference between revisions of "Motor Vehicle Violation Tickets (13:V)"
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Motor Vehicle Violation Tickets (13:V) (view source)
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{{REVIEWED LSLAP | date= July | {{REVIEWED LSLAP | date= July 1, 2023}} | ||
{{LSLAP Manual TOC|expanded = motor}} | {{LSLAP Manual TOC|expanded = motor}} | ||
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More information on disputing Violation Tickets is available on the BC Ministry of Justice website at: https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/fines-payments/disputing-paying-tickets/vt-brochure.pdf | More information on disputing Violation Tickets is available on the BC Ministry of Justice website at: https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/fines-payments/disputing-paying-tickets/vt-brochure.pdf | ||
=== 1. What if | === 1. What if You Miss the 30-Day Time Limit? === | ||
If you do not file your dispute within 30 days, you must file an “Affidavit Form PTR020”, pursuant to s 16(2) of the ''Offence Act'', available at any court registry, explaining the reasons for your delay, along with the “Notice of Dispute Form PTR021” and a copy of the ticket. Extensions are not guaranteed, and are at the judicial discretion of the justice of the peace considering your application. Be as detailed as possible and provide all evidence available in support. | If you do not file your dispute within 30 days, you must file an “Affidavit Form PTR020”, pursuant to s 16(2) of the ''Offence Act'', available at any court registry, explaining the reasons for your delay, along with the “Notice of Dispute Form PTR021” and a copy of the ticket. Extensions are not guaranteed, and are at the judicial discretion of the justice of the peace considering your application. Be as detailed as possible and provide all evidence available in support. | ||
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* Pursuant to s 100 of the ''Offence Act'', the Crown can apply to amend most mistakes on Violation Tickets, however there is a one-year statutory limit to make amendments. | * Pursuant to s 100 of the ''Offence Act'', the Crown can apply to amend most mistakes on Violation Tickets, however there is a one-year statutory limit to make amendments. | ||
For more detailed information on disputing Violation Tickets, you may wish to consult the University of Victoria Law Centre’s information on defending traffic tickets at https://www.uvic.ca/law/about/centre/resources/defending%20traffic%20tickets.php. | For more detailed information on disputing Violation Tickets, you may wish to consult the University of Victoria Law Centre’s information on defending traffic tickets at https://www.uvic.ca/law/about/centre/resources/defending%20traffic%20tickets.php. (Note that it may be outdated information) | ||
=== 3. What | === 3. What Happens in Traffic Court? === | ||
When you attend traffic court, your case will generally be presided over by a Judicial Justice | When you attend traffic court, your case will generally be presided over by a Judicial Justice | ||
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evidence to convict you. | evidence to convict you. | ||
If you plead guilty and are applying for a fine reduction, | If you plead guilty and are applying for a fine reduction, you must show economic hardship. In such cases, the justice of the peace has the power to reduce the fine. Section 88 of the ''Offence Act'' states that the fine can be reduced based on the offender’s means and ability to pay, subject to minimum fines specified in the ''Motor Vehicle Act''. | ||
A record of the finding is sent to the Superintendent of Motor Vehicles (hereinafter, the “Superintendent”). Any discretionary determination made by the Superintendent may, in certain circumstances, be subject to judicial review. | A record of the finding is sent to the Superintendent of Motor Vehicles (hereinafter, the “Superintendent”). Any discretionary determination made by the Superintendent may, in certain circumstances, be subject to judicial review. | ||
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The decision of a Provincial Court judge or justice of the peace may be appealed to the Supreme Court of BC. However there is a strict 30-day appeal limit. Any individual looking to appeal a violation ticket should consult a lawyer. | The decision of a Provincial Court judge or justice of the peace may be appealed to the Supreme Court of BC. However there is a strict 30-day appeal limit. Any individual looking to appeal a violation ticket should consult a lawyer. | ||
=== 4. What | === 4. What Happens if the Police Officer Does Not Show Up? === | ||
The officer who issued the Violation Ticket must provide evidence beyond a reasonable doubt that you committed the | The officer who issued the Violation Ticket must provide evidence beyond a reasonable doubt that you committed the | ||
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not given advance notice. | not given advance notice. | ||
=== 5. What | === 5. What Happens if I Cannot Make the Court Appearance? === | ||
You can apply to a justice for an adjournment, by filing the “Application to Adjourn a Hearing PTR818” form. This form can be filed by mailing it to the Violation Ticket Centre address listed above, or filing it at any court registry. All applications should be made within 2 weeks of the scheduled hearing date. In urgent circumstances you can have a lawyer, friend or family member attend and make an application for an adjournment at the date and time of the scheduled hearing. | You can apply to a justice for an adjournment, by filing the “Application to Adjourn a Hearing PTR818” form. This form can be filed by mailing it to the Violation Ticket Centre address listed above, or filing it at any court registry. All applications should be made within 2 weeks of the scheduled hearing date. In urgent circumstances you can have a lawyer, friend or family member attend and make an application for an adjournment at the date and time of the scheduled hearing. | ||
=== 6. What if | === 6. What if You Miss the Court Date? === | ||
If you do not attend the hearing, the ticket will be deemed not disputed, the conviction will apply to your driving record, and the full fine amount will be immediately payable. | If you do not attend the hearing, the ticket will be deemed not disputed, the conviction will apply to your driving record, and the full fine amount will be immediately payable. | ||
Within 30 days of missing the scheduled hearing date you may file an “Affidavit Form PTR019” pursuant to s 15(10) of the ''Offence Act'', requesting a new hearing date at the registry of the provincial court where your ticket was set to be heard. After 30 days from the missed hearing date you must file “Affidavit form PTR020”, pursuant to s 16(2) of the ''Offence Act''. | Within 30 days of missing the scheduled hearing date you may file an “Affidavit Form PTR019” pursuant to s 15(10) of the ''Offence Act'', requesting a new hearing date at the registry of the provincial court where your ticket was set to be heard. After 30 days from the missed hearing date you must file “Affidavit form PTR020”, pursuant to s 16(2) of the ''Offence Act''. | ||
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