Motor Vehicle Violation Tickets (13:V): Difference between revisions
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Motor Vehicle Violation Tickets (13:V) (view source)
Revision as of 23:33, 24 November 2018
, 24 November 20182018 Manual edits
(2018 Manual Edits LSLAP) |
(2018 Manual edits) |
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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 | ||
of the Peace (“the Justice”), and not a Judge. Justices of the Peace are addressed as | of the Peace (“the Justice”), and not a Judge. Justices of the Peace are addressed as “Your | ||
Worship”. The Justice will guide the hearing process. There is generally no Crown Prosecutor | |||
in traffic court; police officers prosecute the tickets. | in traffic court; police officers prosecute the tickets. | ||
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detachment requesting: the police notes; general occurrence report, witness statements; if a | detachment requesting: the police notes; general occurrence report, witness statements; if a | ||
speeding ticket, any evidence relation to the calibration of the laser or radar gun. The police | speeding ticket, any evidence relation to the calibration of the laser or radar gun. The police | ||
officer has a disclosure obligation pursuant to Regina v. Stinchcombe, [1991] 3 SCR 326. | officer has a disclosure obligation pursuant to "Regina v. Stinchcombe", [1991] 3 SCR 326. | ||
Police officers can provide testimony in person, via video- or tele-conference, or by | Police officers can provide testimony in person, via video- or tele-conference, or by | ||
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and has not submitted a certificate, a different officer present cannot provide | and has not submitted a certificate, a different officer present cannot provide | ||
evidence to convict you. | evidence to convict you. | ||
If you plead guilty and are applying for a fine reduction, the offender must show economic hardship, the justice of the peace has the power to reduce the fine. Section 88 of the ''Offence Act'' states that the fine can be reduced based on the offender’s means and ability to pay, subject to minimum fines specified in the ''Motor Vehicle Act''. | |||
A record of the finding is sent to the Superintendent of Motor Vehicles (hereinafter, the “Superintendent”). Any discretionary determination made by the Superintendent may, in certain circumstances, be subject to judicial review. | |||
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 happens if the Police Officer Does Not Show Up? === | === 4. What happens if the Police Officer Does Not Show Up? === | ||