motor vehicle act

Episode 439: Police Corruption, Cell Phone Tickets, and Why the Rule of Law Still Matters

In this episode of Driving Law, Kyla Lee and Paul Doroshenko examine a major Toronto police corruption scandal, a new BC Court of Appeal ruling on cellphone use while driving, and what both reveal about accountability, discretion, and the rule of law in Canada.

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Timelines for Traffic Court Hearings in British Columbia

Traffic court proceedings in British Columbia are governed primarily by the Motor Vehicle Act and are dealt with in the Provincial Court of British Columbia. We are often asked how long people have to wait for the traffic court hearing to be scheduled and the answer depends on several variables, most notably the jurisdiction in which the ticket was issued.

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Episode 423: Road Rage, “Xavier’s Law,” and Why Due Process Still Matters

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.

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Can Police Pull You Over for No Reason in BC?

A black car stopped on a rural road at dusk with a police vehicle behind it, flashing blue lights.

Many drivers in British Columbia wonder whether the police need a specific reason to pull them over. The short answer is that police in BC do not need to suspect you of a crime or have a specific reason to stop your vehicle. Under the Motor Vehicle Act and Canadian law, police have broad authority to conduct traffic stops for a variety of reasons, including routine checks.

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When is a Car Screen an Electronic Device for a Distracted Driving Charge?

Driver using a car’s built-in touchscreen navigation system while driving on a rainy day.

This issue to some extent arose in the recent British Columbia Supreme Court case of Rex v. Andre Paul Chauvin, which involved an appeal against a conviction for using an electronic device while driving contrary to the Motor Vehicle Act. The appeal centred on whether the original trial judge, Judicial Justice Blackstone, had misunderstood key evidence presented by Mr. Chauvin, who represented himself.

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Why You Should Get a Lawyer for a Traffic Ticket in British Columbia

Lawyer discussing legal documents with a client at a desk.

Receiving a traffic ticket can feel like an inconvenience, but it may have lasting consequences if not properly addressed. In British Columbia, fighting a traffic ticket can be complicated, and in some cases, hiring a lawyer can significantly improve the outcome. Led by Kyla Lee, Acumen Law focuses on helping clients navigate the complexities of traffic tickets and ensure they get the best possible resolution. Here are some reasons why hiring a lawyer for your traffic ticket in BC might be the best decision you can make.

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What are some of the possible outcomes when I dispute a ticket?

People think that disputing a ticket is just guilty or not guilty, but that couldn’t be further from the truth. The possible outcomes when you dispute a ticket are broad.

The range of outcomes when you dispute a ticket includes anything from receiving a complete acquittal all the way up to receiving a significant sentence such as a driving prohibition, or restrictions on your driving privileges.

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Asking the officer to change the face of the ticket to registered owner

Many people have heard of a method to avoid the consequences of a traffic ticket, in particular, the points and the record, by asking the officer to amend the violation ticket to reflect the charge against the registered owner. While it is true that the violation ticket can be amended, that doesn’t mean that an officer or a court will allow it.

When a ticket is issued, the officer is required to indicate whether the ticket is being issued to the driver or the owner. They are trained to issue tickets to the driver of the motor vehicle unless they are not able to identify the officer, in which case the owner becomes responsible for what is done with the vehicle.

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