traffic tickets

The location of an offence is not always an essential component of a charging document, provided that the document provides sufficient specificity as to the location to satisfy the amount of detail required under the relevant legislation. Where the document is sufficiently specific, the court will conclude that the person accused of the alleged offence is not prejudiced by an unfair trial in which they do not know the case they will have to meet.

In a recent BC Supreme Court case, the violation ticket provided sufficient information, although to a less precise degree than the Appellant argued was needed, to pinpoint a unique intersection at which the alleged offence occurred. As such, the Appellant had sufficient notice of the case he needed to meet.

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If your speeding ticket trial was unsuccessful, you may have grounds to ask the courts to review the decision.  

Time Limits for Appeal

You have 30 days from the date of your sentence to file a legal form called a Notice of Appeal. You will need to file this at the Supreme Court nearest to where you were convicted. Be mindful of this date as court registries vary in how they accept filings and you may need to attend the court registry in person. 

If you are not able to make this first deadline, you will need to ask the court for an extension of time to appeal. You will  need a good explanation of why you were late in filing the Notice of Appeal. It is up to a judge to decide whether to grant the extension or not. 

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I lost my speeding ticket trial, can I appeal ?Read More »