When it comes to disputing a traffic ticket, you only have 30 days from the date you got the ticket to file for a dispute.
If you miss the 30-day time limit, you may be able to file a late dispute of your ticket, but this is only permitted in certain circumstances where you missed the time limit for reasons beyond your control.
In order to file a late dispute, you must submit an application to the court, and it can only be filed if you have not paid the ticket. If you’ve already paid, your options are different and will be touched on later in this blog.
Filing for a dispute
The form you have to submit will depend on the reason for the late dispute. If it was because you missed disputing the ticket in 30 days, there’s one form. If you filed your ticket of dispute but missed your court date, there is a different form for that.
If you missed a court date and it’s been more than 30 days since that date, there is a different form for that as well.
It’s important to talk to a lawyer to determine which form is the correct one that you will need to file. If you don’t file the correct form, the court cannot accept the application.
In your late dispute application, there is a lot of information that you will need to provide.
This will include obvious things like your name, age and contact information, but you will also need to explain why you missed the time to dispute, the reason for your dispute and whether you have an arguable defence to the traffic ticket.
The arguable defence part is very important. Most people who represent themselves, do not properly provide information about the arguable defence they have, because, in most cases, they don’t understand what constitutes an arguable defence.
A number of court cases have looked into this question and determined that as long as you put forward some evidence in your statement, that you have a defence to the ticket, whether or not the defence is likely to be successful, that should be enough.
This means that you can say ‘I didn’t commit the offence,’ because innocence is a sufficient defence to a traffic ticket.
What happens when the defence isn’t arguable?
There are also cases where people indicate an arguable defence, but what they put forward is actually not a good defence. This often comes up in cases with cellphones, where people provide justifications for why they were using their electronic device or an explanation of what they were doing with the device, which doesn’t actually amount to lawful activity.
Nevertheless, the courts have determined that the judicial Justice’s job is not to examine the merits of the offence, and whether it will succeed, but rather whether or not there is an articulable case to be made.
Where people run into trouble is when they don’t provide any type of defence. This could be such a case where they say ‘the officer was rude to me,’ and while that may have been the case, that is not a defence to a traffic ticket.
Therefore, you are not entitled to your day in traffic court, if you missed your time to dispute if that is what you wish to argue.
An officer’s treatment of you is properly within the jurisdiction of police complaint areas, or if your Charter rights were violated you would need to bring an application in a court that deals with charter issues. The traffic court does not have the authority to determine charter-related issues.
If you are using a Charter-related argument for your late dispute, your dispute will likely not be accepted.
This is why it is important to ensure you are getting legal advice and acquiring a knowledgeable lawyer who will be able to provide the necessary information to fill out your late dispute.
What you say can be used against you
The other concern that arises with people who provide information about an arguable defence to a traffic ticket, is that this information technically becomes part of the court record. Although the officer does not get a copy of the application, they are not barred from seeing the information used in your dispute.
When you submit the application, you are submitting an affidavit, and that means you are swearing what you are saying is the truth.
Your credibility at trial for your traffic ticket can be assessed based on your prior sworn statement.
This means you have to be very careful about the information you provide in your statement, because if it is proven the information is false you could be charged with perjury, and if the officer gets a hold of the application, they could use that information to cross-examine you.
In addition to potentially being cross-examined by the police officer, a judicial justice will have a copy of your application. There is nothing technically preventing the judicial Justice from relying on your application to question you themselves or to challenge your credibility.
What you put in your application could therefore be used against you in court, and ultimately tank your defence.
It is not unheard of that the information people file in support of themselves and having their traffic tickets cancelled, could be used against them.
The timing of it all
The other concern is timing. If you file the application yourself it will be considered by the judicial Justice and a decision will be mailed to you. This can delay the process.
For many people, the reason they want to dispute a traffic ticket is to stop points from getting on their record so they can keep their licenses from getting suspended.
Getting a quick answer to whether or not your late dispute will be allowed helps you decide how to go about what you’re going to do.
When a lawyer handles a late dispute, things move a lot quicker. They will check regularly on the status of the dispute with the registry, to find the answer before it is actually mailed.
If you’ve paid a ticket, it is considered to be the same as a guilty plea.
This means you cannot file an application for a late dispute, and will instead have to go to court and file an appeal, on the basis that you did not intend to plead guilty.
These appeals are complex and it is highly recommended you get legal advice before filing such an appeal.
The courts do allow appeals where people fail to understand the consequences of their plea. This doesn’t mean you don’t understand what it means to be pleading guilty, but that you were misinformed as to those consequences, either by a lawyer or a police officer.
This appeal may also be done where the paid ticket was not voluntary. There was a case involving a woman whose mother thought she was doing her a favour by paying the ticket, but that was not what the woman wanted.
What if your application to file is unsuccessful?
This does not mean this is the end of the road for you. The decision made by the judicial Justice is subject to judicial review by the court. A judicial review is not an appeal but rather a hearing.
This is where a BC Supreme Court justice will look at the reasons given for the denial and either accept or reject it.
Our office, Acumen Law, handles a large number of these judicial reviews of unsuccessful decisions on late dispute applications and understands what determines if a decision to accept or reject an application was reasonable.
Judicial review applications are complex, far more complex than an appeal, and the legal steps involved, are the type of things that require specific legal knowledge. We do not recommend that you represent yourself on a judicial review application.
If you are contemplating filing a judicial review, it is a good idea to seek legal advice.
