This week, we discuss a major Supreme Court of Canada decision on when police can enter private property without a warrant.
…Episode 446: Supreme Court Clarifies Police Powers on Private PropertyRead More »
Episode 446: Supreme Court Clarifies Police Powers on Private Property Read More »
A Vancouver taxi driver. A police officer on a motorcycle. A cell phone allegedly spotted in heavy traffic on the Dunsmuir Viaduct. And a body-worn camera that the driver thought would save him.
It didn’t.
The recent BC Supreme Court case of R. v. Sandhu is one of those situations that should be required reading for anyone thinking about fighting a traffic ticket on their own. Not because the driver was wrong, but because of how badly the legal process went for him, even when he had what seemed like compelling evidence.
…How Body Cam Video Can Help or Hurt Your Traffic Ticket DisputeRead More »
How Body Cam Video Can Help or Hurt Your Traffic Ticket Dispute Read More »
Many drivers in British Columbia believe that representing themselves in traffic court is a simple way to save money. Some even attempt to use a specific legal “strategy.” That is, waiting until the very last minute to request evidence (disclosure) and then asking for an adjournment. The goal is usually to push the case past the 18-month “unreasonable delay” limit set by the Supreme Court of Canada in R. v. Jordan, hoping the ticket will be thrown out entirely.
However, a recent ruling by the Supreme Court of British Columbia in R. v. Newby, 2025 BCSC 2483, has made it clear that this tactic is likely to fail. Here is why self-representation and manufactured delays are a risky gamble.
…The “Last-Minute Disclosure” Traffic Court Strategy – And Why it is Bound to FailRead More »
The “Last-Minute Disclosure” Traffic Court Strategy – And Why it is Bound to Fail Read More »
This week, we unpack the surge in road-rage cases, why Canada doesn’t need a bespoke “road-rage law,” and the legal flaws in the proposed “Xavier’s Law” that would suspend licences after any fatal crash. We close with a Florida cautionary tale about how small misconduct can snowball fast.
…Episode 423: Road Rage, “Xavier’s Law,” and Why Due Process Still MattersRead More »
Episode 423: Road Rage, “Xavier’s Law,” and Why Due Process Still Matters Read More »
This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a whirlwind of legal and political developments in British Columbia. From the October 1 snow tire requirement to the far-reaching fallout of strikes across the province, drivers are finding themselves caught in a web of cancelled hearings, delayed decisions, and confusion over even the basics like how to pay a traffic ticket.
…Episode 422: Strikes, Snow Tires, and the Phantom F1Read More »
Episode 422: Strikes, Snow Tires, and the Phantom F1 Read More »
In British Columbia, once a traffic violation is recorded on your driving record, removing becomes more challenging.
…How Violation Tickets Appear on Your Driving RecordRead More »
How Violation Tickets Appear on Your Driving Record Read More »
In British Columbia, one of the most significant consequences for multiple DUI offences or prohibitions is the installation of an Ignition Interlock in your vehicle.
If you’ve been convicted of a DUI, particularly for a second or third offence, you may be required to have this device installed for a specified period. In addition, multiple alcohol or drug-related suspensions on your license in a five-year period, even without a criminal conviction, can still trigger these referrals.
But how many DUIs do you need to get a breathalyzer in your car?
…How Many DUIs Do You Need to Get a Breathalyzer in Your Car?Read More »
How Many DUIs Do You Need to Get a Breathalyzer in Your Car? Read More »
In British Columbia, understanding who is responsible for paying a traffic ticket can be confusing, especially with the rise of automated enforcement like speed and red light cameras. The answer depends largely on how the ticket was issued and the nature of the offence.
…Who Pays a Traffic Ticket, the Driver or the Car Owner?Read More »
Who Pays a Traffic Ticket, the Driver or the Car Owner? Read More »
Receiving a traffic camera ticket in British Columbia can be frustrating, especially if you believe you weren’t at fault. These tickets are typically issued for speeding or running a red light and are sent directly to the registered owner of the vehicle. While many people assume that camera tickets are impossible to fight, there are legitimate ways to dispute them and potentially have them dismissed.
…How to Beat a Traffic Camera Ticket in BC Read More »
If you’ve received a traffic ticket in British Columbia, you might be wondering if it’s worth disputing your ticket in court.
One of the most common questions drivers ask is: “What are the odds that the police officer who issued my ticket will actually show up to traffic court?” Many people believe that if the officer doesn’t appear, the ticket will be dismissed automatically. While this is sometimes true, the reality is a bit more nuanced.
In British Columbia, when you dispute a traffic ticket, a court date is set and the officer who issued the ticket is notified and expected to attend. If the officer fails to show up without a valid reason, the ticket is usually dismissed. This is because the officer is required to present evidence and answer questions about the circumstances of the alleged offence. Without their testimony, the court typically cannot proceed with the case.
So, what are the actual odds? While there is no official statistic published by the courts or police, anecdotal evidence and reports from lawyers suggest that police officers attend traffic court in the vast majority of cases—often estimated at 80% to 90% of the time. Police departments in BC take traffic enforcement seriously, and officers are generally scheduled and required to appear for court dates. In some cases, officers are assigned specific court days as part of their regular duties, making their attendance even more likely.
However, there are situations where an officer may not attend. Scheduling conflicts, illness, vacations, or emergencies can sometimes prevent an officer from appearing. In rare cases, administrative errors or changes in employment status may also lead to an officer’s absence. If the officer provides advance notice and a valid reason for not attending, the court may adjourn the case to another date rather than dismissing it outright.
It’s important to understand that relying solely on the hope that the officer won’t show up is a risky strategy. Even if the odds seem favourable, there is no guarantee. If you have a strong defence or believe the ticket was issued in error, it’s always better to prepare your case thoroughly and consider seeking legal advice.
If you’re facing a traffic ticket in British Columbia and want to maximize your chances of a successful outcome, contact Acumen Law Corporation or lawyer Kyla Lee. Their experience in traffic law can help you navigate the process and give you the best possible chance in court.
What Are the Odds of a Police Officer Showing Up to Traffic Court in BC? Read More »
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