5,109
edits
Difference between revisions of "Motor Vehicle Violation Tickets (13:V)"
From Clicklaw Wikibooks
Motor Vehicle Violation Tickets (13:V) (view source)
Revision as of 23:28, 24 November 2018
, 23:28, 24 November 20182018 Manual Edits LSLAP
(2018 LSLAP Manual Edits) |
(2018 Manual Edits LSLAP) |
||
| Line 23: | Line 23: | ||
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. | ||
=== 2. What happens in traffic court? === | === 2. How Do I Prepare for Court for a Violation Ticket? === | ||
In challenging a ticket, it is important to: | |||
* Read the relevant sections of the ''Motor Vehicle Act'' to determine the elements of the offence and, if the Crown fails to lead evidence on any of these elements, motion for dismissal at the conclusion of the Crown’s case can be made. The evidence must include identification of the alleged offender by name and address as well as the time, date, and location of the offence. | |||
* Request for all relevant disclosure from the police detachment, this includes asking for police notes, all witness statements, and any information or training that the officer intends to rely on at trial. | |||
* Pursuant to s. 100 of the ''Offence Act'', the Crown can apply to amend most mistakes on Violation Tickets, however there is a one year statutory limit to make amendments. | |||
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. | |||
=== 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 | ||
| Line 43: | Line 55: | ||
evidence to convict you. | evidence to convict you. | ||
=== | === 4. What happens if the Police Officer Does Not Show Up? === | ||
The officer must provide evidence beyond a reasonable doubt that you committed the | The officer must provide evidence beyond a reasonable doubt that you committed the | ||
| Line 55: | Line 67: | ||
not given advance notice. | not given advance notice. | ||
=== | === 5. How Do I Prepare for Court for a Violation Ticket? === | ||
In challenging a ticket, it is important to: | In challenging a ticket, it is important to: | ||
| Line 67: | Line 79: | ||
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 http://thelawcentre.ca/defending. | 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 http://thelawcentre.ca/defending. | ||
=== | === 6. 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 of 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 of family member attend and make an application for an adjournment at the date and time of the scheduled hearing. | ||
=== | === 7. 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. | ||
