CASE LAW ADDENDUM - R v Scherbey
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Information related to traffic tickets and traffic court.
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.
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.
every week or so, I haul a load of dead fish to another town, in a 53 foot tanker. This trailer is loaded by the fish producers, then it is sealed, brought out to the highway, where I pick it up and begin my 3 hour trip to deliver.
This is an appeal to the Supreme Court over the dismissal of a number of violation tickets by Judicial Justice Adair. In each case the justice decided to dismiss these traffic tickets because they took too long to proceed to trial. Neither the Crown nor the disputants involved had any input into these decisions.