You have received a violation ticket and have decided to dispute the allegation in traffic court. The date has been set and you can't wait to get in there and tell the judicial justice that your ticket should be tossed. Have you given any thought to preparing for the dispute or are you just going to wing it?
Like everything else in life, unless you already know what you are doing it is wise to prepare. The Provincial Court of BC publishes information to assist you with your day in court.
Getting Ready for Your Dispute
Getting ready for traffic court may involve four actions:
- Find Out About the Offence: Read and understand the applicable Motor Vehicle Act section.
- Know What the Officer Will Say
- Arrange For Witnesses: Arrange for a subpeona with the court registry if your witnesses won't attend voluntarily.
- Having an Agent Appear for You
The Traffic Court Hearing
Your traffic court hearing may consist of up to 9 separate processes and take place in the following order:
- How to dress for court
- When you arrive at the courthouse
- How the hearing begins
- The evidence against you
- Admitting verbal statements
- Giving your evidence
- Summing up
- The court's decision
- Penalties
Each of these are explained on the Traffic Court Hearing page.
Being a Spectator in Traffic Court
The court registry where your hearing will be held can tell you about traffic court dates that will occur before yours. You can be a spectator and see first hand what will happen when it is your turn.
This will be invaluable experience if you have the time to attend. Knowing what to expect will probably make it much easier for you on your trial day.
Learn More
This podcast explains how to enter your dispute and prepare for your hearing.
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Last week I was served a ticket at my home by the police stating the charge mentioned above. I was surprised and asked them for an explanation which they denied. I asked for details and they told me they would not talk to me or listen to me.
After digesting the news I spoke to some friends including a para-legal in Victoria where I live. He asked if I had been interviewed by the police about the case and I said no. He asked how did they know I was driving.
I do recall passing a cyclist who swore at me as I passed him and noticed that he was now chasing me down the road. When I turned onto another street he came past me cursing again and threatening to report me. I thought nothing of this until the police served me with a ticket.
I have an impeccable driving record with no tickets or insurance claims in the 28 years I have been driving. I am very stressed by this as I read about the penalties including loss of my license and jail time.
I will be filing an appeal and had planned to observe in the courtroom. I cannot afford a lawyer but would like some advice.
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Were you charged as the driver or the registered owner? If you were charged as the driver, either the police involved are inept or there is a lot more to the story than you related above.
If you are being charged as the registered owner you don't have to worry about penalty points.
Otherwise, I would start here.
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I am being charged as the owner/driver.
There is nothing lacking in my story. I am very concerned and would not fudge the details.
Explain how as the registered owner I should have no concern over the points. I own the truck and I was driving it. The truck is a 1949 stock Chevrolet and not a hot rod.
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Unless you received an electronic ticket, this is what you will see:
Which box was checked?
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Driving without consideration