Q&A - Speeding Relative To Conditions

Hi,

Sorry to hear about the van, airbags are expensive, and so is the body work.

You were charged with 144(1)(c):

(1) A person must not drive a motor vehicle on a highway
(a) without due care and attention,
(b) without reasonable consideration for other persons using the highway, or
(c) at a speed that is excessive relative to the road, traffic, visibility or weather conditions.
(2) A person who contravenes subsection (1) (a) or (b) is liable on conviction to a fine of not less than $100 and, subject to this minimum fine, section 4 of the Offence Act applies.

For the purposes of MVA "highways" means any public road.

You claim that your inexperience has led to you losing control of the vehicle and steering it in the undesired direction.
Inexperience isn't directly related to "road, traffic, visibility or weather conditions.", but none-the-less, it is fair to ask: "Would the same result occur had you been going slower?"
if the answer is no, then it truly seems that you were going a little too fast to handle.
(maybe not for the roads conditions, but for your own skill-set)

In-case you pay the ticket:
- You will get 3 points against your license, and as long as it remains 3 for the 12 months, you will not have to pay any more because of it
- Your license may get reviewed by the Superintendent of Motor Vehicles, and you may get a notice of suspension (1 month)
- You may dispute the suspension based on your remote location, this is done in-writing, and is usually granted for remote-area cases like yours.

In-case you dispute the ticket:

If you dispute the charge:
- The only evidence is what you told the officer, plus what the officer observed.
- If you can come up with a legal scenario, where you were not going faster than appropriate, but would have led to the same result.
- The charge may get dismissed, or not, upto the judge - depends on how convincing you sound
(A one vehicle-accident puts you at a disadvantage, over those who did not crash, but still face the same charge)

If you dispute the fine:
- Depending on how much the ticket is (if its above minimally legislated) you can plea guilty to the charge but ask for lesser fine, based on your financial situation - be ready to tell the judge how much money you earn.
- You can also ask for time to pay, after pleading guilty, typically up to 6 months is not unreasonable

Your case has much less evidence towards prosecution, than a typical "speed trap" case;
it is not daunting to dispute, and has a good chance of being dismissed.

But, I urge you to reconsider your driving technique and look for driving mentors (parents aren't always best, unless they hold GP trophies). No matter the size of the vehicle, the width of the road and the stuff that comes between the road and your wheels, you should be fully prepared to drive any vehicle before you turn the ignition on. If you are uncomfortable driving a large vehicle, do not do it, until you are comfortable. Sienna and Civic are not that intrinsically different to drive, that it's excusable as "new vehicle". (Compared to trying to drive an 18speed tractor trailer)

You could have just the same crossed over into the on-coming lane and affected innocent motorists.
Considering the airbag popped, the collision is "serious" - it had great potential to cause bodily harm or even death.
As a new driver you have a great duty to yourself and others to quickly understand your abilities, and to self-moderate yourself into a better driver. It takes years to perfect your technique, but simple things like taking it slow on roads you have not traveled on before can be implemented immediately.

P.S. Read this site a little more thorough - everything said above has been already posted.

The advice given below seems comprehensive enough.

In situations like these I usually tended to write fail to keep right instead of speed relative to conditions but from your scenario the speed charge doesn't seem out of the question either.

If you have never had a ticket before now you would probably not lose your licence over this one, but search driver improvement program for more information on that.

Your question about the possible consequences of losing your case is difficult to answer.

If you were an experienced driver with a clean Class 5 license, then the 3-point ticket and consequential fine would in all likelihood be the result.

But as an 'N' Class 7 driver, your behaviour is subject to much greater scrutiny, as you're still within the probationary period, and have been on the road for less than a year.  I'm almost certain that the delay before you will be eligible to take your Class 5 Road Test and thus exit graduated licensing will be re-commenced.  If you have received any previous tickets within your 'L' or 'N' Class 7 driving time, it is highly likely that you will also receive an immediate suspension of your license for a finite period.  This may still occur however, as a result of this one offense, as you have only been driving solo for a short time; contact ICBC at 1-800-950-1498 for details; have your driver license number handy.