Traffic Tickets: Difference between revisions
From Clicklaw Wikibooks
no edit summary
Dial-A-Law (talk | contribs) No edit summary |
Dial-A-Law (talk | contribs) No edit summary |
||
| Line 9: | Line 9: | ||
If you are charged with a more serious traffic offence, such as careless driving or hit and run, you will get written notice of the offence in the form of a Summons or an Appearance Notice. A Summons is mailed to you or personally delivered to you. An Appearance Notice is given to you by a police officer at the time of offence. These documents describe the offences you are charged with. They also tell you when you have to appear in court. If you receive a Summons or Appearance Notice, you should talk to a lawyer for some initial advice. Then decide whether you want to hire a lawyer. | If you are charged with a more serious traffic offence, such as careless driving or hit and run, you will get written notice of the offence in the form of a Summons or an Appearance Notice. A Summons is mailed to you or personally delivered to you. An Appearance Notice is given to you by a police officer at the time of offence. These documents describe the offences you are charged with. They also tell you when you have to appear in court. If you receive a Summons or Appearance Notice, you should talk to a lawyer for some initial advice. Then decide whether you want to hire a lawyer. | ||
===First court appearance=== | |||
At your first appearance in court, you will be asked to plead guilty or not guilty, or if you need more time to decide what to do. Ask the crown prosecutor for a copy of the police report before deciding what to do. If you plead guilty, the judge will ask for the facts of the case from both the crown prosecutor and you. If you plead not guilty, you will get a trial date. At the trial, witnesses and police officers will tell the judge what they think happened. You will get a chance to do the same, by giving evidence. The judge will then decide whether you are guilty. | At your first appearance in court, you will be asked to plead guilty or not guilty, or if you need more time to decide what to do. Ask the crown prosecutor for a copy of the police report before deciding what to do. If you plead guilty, the judge will ask for the facts of the case from both the crown prosecutor and you. If you plead not guilty, you will get a trial date. At the trial, witnesses and police officers will tell the judge what they think happened. You will get a chance to do the same, by giving evidence. The judge will then decide whether you are guilty. | ||
You must attend the court hearing. If the Summons or Appearance Notice was personally given to you and you don’t attend the hearing, the court will issue a bench warrant for your arrest. | You must attend the court hearing. If the Summons or Appearance Notice was personally given to you and you don’t attend the hearing, the court will issue a bench warrant for your arrest. | ||
===Penalties=== | |||
If you plead guilty, or the judge finds you guilty at trial, the judge can fine you up to $2,000, order you not to drive (for as long as the judge considers appropriate), and send you to jail for up to 6 months. Penalties are stronger for more serious offences. | If you plead guilty, or the judge finds you guilty at trial, the judge can fine you up to $2,000, order you not to drive (for as long as the judge considers appropriate), and send you to jail for up to 6 months. Penalties are stronger for more serious offences. | ||
| Line 27: | Line 25: | ||
If you don’t fight the ticket within 30 days, you will be automatically convicted. You may receive penalty points against your driver’s licence and not be allowed to drive for a certain time. You won’t be able to renew your car insurance or your driver's license until you pay the fine. | If you don’t fight the ticket within 30 days, you will be automatically convicted. You may receive penalty points against your driver’s licence and not be allowed to drive for a certain time. You won’t be able to renew your car insurance or your driver's license until you pay the fine. | ||
===If you want to fight the ticket=== | |||
If you want to fight the Violation Ticket, tell the government office shown on the ticket in person or by mail, before the due date on the ticket. Say that you want to have a trial. You will be notified by mail of the trial date and location, and can fight the ticket at trial. | If you want to fight the Violation Ticket, tell the government office shown on the ticket in person or by mail, before the due date on the ticket. Say that you want to have a trial. You will be notified by mail of the trial date and location, and can fight the ticket at trial. | ||
===Trial=== | |||
At the trial, witnesses and police officers will tell the judge what they think happened, and you can do the same, by giving evidence. The judge will then decide whether you are guilty. | At the trial, witnesses and police officers will tell the judge what they think happened, and you can do the same, by giving evidence. The judge will then decide whether you are guilty. | ||
===Penalties=== | |||
If the judge finds you guilty, the judge will normally fine you the same amount that is shown on the ticket. In some cases, the judge may increase the fine – for example, if you have a poor driving record. If you can show real financial hardship, the judge may reduce the fine unless the Motor Vehicle Act sets a minimum fine for that offence. You might also receive penalty points against your driver’s licence. If you are guilty, penalty points are automatic – you can’t fight them in court. You may also not be allowed to drive for a certain time. | If the judge finds you guilty, the judge will normally fine you the same amount that is shown on the ticket. In some cases, the judge may increase the fine – for example, if you have a poor driving record. If you can show real financial hardship, the judge may reduce the fine unless the Motor Vehicle Act sets a minimum fine for that offence. You might also receive penalty points against your driver’s licence. If you are guilty, penalty points are automatic – you can’t fight them in court. You may also not be allowed to drive for a certain time. | ||
===Fines=== | |||
You can pay fines in person at banks, other financial institutions, most Autoplan brokers, driver licensing offices, ICBC claim centers, government agent offices, and courts. You can pay by cash, certified check, money order, and credit or debit card. You can also pay online at many bank and financial institution websites. Or you can mail payment (by certified check or money order, but not cash), as follows: | You can pay fines in person at banks, other financial institutions, most Autoplan brokers, driver licensing offices, ICBC claim centers, government agent offices, and courts. You can pay by cash, certified check, money order, and credit or debit card. You can also pay online at many bank and financial institution websites. Or you can mail payment (by certified check or money order, but not cash), as follows: | ||
===For red-light camera ticket payments:=== | |||
Ticket Payment Processing | Ticket Payment Processing | ||
Bag Service 6300 STN Terminal | Bag Service 6300 STN Terminal | ||
Vancouver BC V6B 6G6 | Vancouver BC V6B 6G6 | ||
For all other payments: | ===For all other payments:=== | ||
Ticket Payment Processing | Ticket Payment Processing | ||
PO Box 3505 | PO Box 3505 | ||
| Line 54: | Line 49: | ||
If you don’t pay a fine, the government can use a collection agency. This could hurt your credit rating. Money to pay the fine can be taken out of your paycheck or bank account. Also, you won’t be able to renew your driver's licence and car insurance until you pay the fine. | If you don’t pay a fine, the government can use a collection agency. This could hurt your credit rating. Money to pay the fine can be taken out of your paycheck or bank account. Also, you won’t be able to renew your driver's licence and car insurance until you pay the fine. | ||
If you want to fight just the amount of the fine, or ask for time to pay | ==If you want to fight just the amount of the fine, or ask for time to pay== | ||
You can do this without going to court. Fill out the following two forms available at any court registry: | You can do this without going to court. Fill out the following two forms available at any court registry: | ||
| Line 61: | Line 56: | ||
Fill in both forms and file them at the court registry. By doing this, you admit you are guilty of the offense on the Violation Ticket. A judge will look at your forms and make one of the following decisions, which is mailed to you: | Fill in both forms and file them at the court registry. By doing this, you admit you are guilty of the offense on the Violation Ticket. A judge will look at your forms and make one of the following decisions, which is mailed to you: | ||
Not approve your request (then you must pay the fine immediately). | *Not approve your request (then you must pay the fine immediately). | ||
Reduce your fine (then you must pay the reduced fine immediately). | *Reduce your fine (then you must pay the reduced fine immediately). | ||
Give you time to pay. | *Give you time to pay. | ||
Reduce your fine and give you time to pay. | *Reduce your fine and give you time to pay. | ||
For more information | |||
Check script 187, called “The Points System and ICBC” and the following 2 websites: | =For more information= | ||
Check script [[The Points System and ICBC (Script 187)|187]], called “The Points System and ICBC” and the following 2 websites: | |||
ICBC, at www.icbc.com/driver-licensing/tickets/Pages/default.aspx. It explains how to dispute and pay fines. It also has a chart showing fines and penalty points for different offences. | *ICBC, at [http://www.icbc.com/driver-licensing/tickets/Pages/default.aspx www.icbc.com/driver-licensing/tickets/Pages/default.aspx]. It *explains how to dispute and pay fines. It also has a chart showing fines and penalty points for different offences. | ||
The Ministry of Attorney General, at www.ag.gov.bc.ca/courts/tickets/index.htm. | *The Ministry of Attorney General, at [http://www.ag.gov.bc.ca/courts/tickets/index.htm www.ag.gov.bc.ca/courts/tickets/index.htm]. | ||
[updated June 2014] | |||
