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 23:38, 24 November 2018

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2018 Manual Edits
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not given advance notice.
not given advance notice.


=== 5. How Do I Prepare for Court for a Violation Ticket? ===
=== 5. What happens if I cannot make the court appearance? ===
 
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 presentation. The evidence must include identification of the alleged offender by name and address as well as the time, date, and location of the offence.
*Pursuant to provisions in the ''Offence Act'', the Crown can easily amend most mistakes on Violation Tickets, however there is a one year statutory limit to make amendments.
*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''.
 
The decision of a Provincial Court judge or justice of the peace may be appealed to the Supreme Court of BC. 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.
 
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? ===
=== 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.
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