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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)
Revision as of 18:27, 8 August 2023
, 18:27, 8 August 2023no edit summary
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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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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 (Note that it may be outdated information) | For more detailed information on disputing Violation Tickets, you may wish to consult the University of Victoria Law Centre’s information on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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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. | ||
