Traffic Tickets

Q: I was served 2 violation tickets. I’d like an inquiry about what I’d be looking forward to in court. I was served one count of excessive speed MVA 148(1), prohibited use of HOV, and fail to display ‘N’ sign. Also gave me a charge of operating MV with Cannabis in vehicle. Prior to that I was an N class driver with 30 months clean driving, I had not went for a class 5 test due to preoccupations.

"I'll pay the fine, I just don't want the points." This is not an uncommon desire expressed by drivers prior to a traffic court hearing when asked how they want to proceed. If the violation ticket was issued with the accused identified as the driver, penalty points follow the conviction as night follows day. There is no escaping them.

On September 9, 2015 Edward Scherbey was driving a vehicle exiting a school zone. His speed was measured using laser at 56 km/h. Constable Sabulsky stopped him and issued a traffic ticket for speeding in the school zone. He disputed the ticket but was not successful.

The Provincial Court of British Columbia has released a Guide to Disputing a Ticket. The 16 page PDF document expands the information available on the court's Traffic and Bylaws page and is aimed specifically at provincial violation tickets rather than federal or municipal violation tickets. This is applicable to traffic tickets issued under the Motor Vehicle Act and Commercial Transportation Act.

I received a speeding ticket. which I was shocked as I didn't think I was speeding.  When I looked at the ticket closely, I noticed the date of Feb 30th instead of Feb 20th. 

This is a case that dates back to November 1, 1962 in the British Columbia Supreme Court. It is the origin of what is known among police officers as the Schryvers Test and is used to assist in properly identifying the driver in traffic court as the accused.

My 83-year old father got a violation ticket and I am considering whether I should (or can) dispute it on his behalf. It is a somewhat unique case.  My father had shown signs of  mental illness and last month I just managed to get a geriatric specialist to send in a medical report that requires him to take a driving assessment.

Quite some time ago I wrote about an initiative to trade your ticket for driver training. I was very pleased with the outcome of the one instance that I tried on my own, but the program never took off as the provincial government required the RCMP to provide it to all drivers if it was implemented. The Victoria Police Department is trying something similar through Restorative Justice Victoria.

Jewel Taylor was issued a 3 count violation ticket in North Vancouver and in February of 2016 paid the fines shown on the ticket. She subsequently received a bill from ICBC for the point penalties involved totalling $640. Shortly after that she applied for an extension of time to appeal her conviction. She was 18 months late in doing so according to the Criminal Rules of the Supreme Court of British Columbia.

B.C. is moving a little closer to having a modern traffic ticketing system. Instead of an officer hand writing a violation ticket, the data will be entered into a computer at the roadside and a printed copy of the eTicket issued to the offending driver. In addition to producing a completely legible document the data can be transmitted to ICBC and the court system, eliminating a significant duplication of effort.