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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 01:54, 24 November 2019
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'''These procedures may change from time to time. Refer to the information on the back of your Violation Ticket for the most up-to-date information.''' | '''These procedures may change from time to time. Refer to the information on the back of your Violation Ticket for the most up-to-date information.''' | ||
The special procedure for adjudicating Violation Tickets is set out in ss | The special procedure for adjudicating Violation Tickets is set out in ss 14–18 of the ''Offence Act''. To dispute a Violation Ticket, one must either go to an ICBC office or provincial court registry with the ticket, or mail a “Notice of Dispute Form PTR021”, as well as a copy of the Violation Ticket to: Ticket Dispute Processing, Bag #3510, Victoria, BC, V8W 3P7. The Notice of Dispute must contain the address of the accused, a copy of the Violation Ticket, and if a copy of the the Violation Ticket is not available, sufficient information to identify the Violation Ticket and the alleged contravention or fine disputed (''Offence Act'' s 15(3)). | ||
'''You must file your Notice of Dispute within 30 days of the day on which the ticket was issued.''' | '''You must file your Notice of Dispute within 30 days of the day on which the ticket was issued.''' | ||
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=== 1. What if you miss the 30-day time limit? === | === 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 | 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. How Do I Prepare for Court for a Violation Ticket? === | === 2. How Do I Prepare for Court for a Violation Ticket? === | ||
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* 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. | * 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 | * 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. | 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. | ||
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=== 5. What happens if I cannot make the court appearance? === | === 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 you miss the court date? === | === 6. What if you miss the court date? === | ||
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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. | ||
Within 30 days of missing the scheduled hearing date you may file an “Affidavit Form PTR019” pursuant to s | Within 30 days of missing the scheduled hearing date you may file an “Affidavit Form PTR019” pursuant to s 15(10) of the ''Offence Act'', requesting a new hearing date at the registry of the provincial court where your ticket was set to be heard. After 30 days from the missed hearing date you must file “Affidavit form PTR020”, pursuant to s 16(2) of the ''Offence Act''. | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||