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.
Issuance of a Traffic Violation Ticket
A traffic court timeline begins when a violation ticket is issued by a law enforcement officer. The ticket outlines information such as the alleged offence, the applicable legislation, and timelines for filing the violation ticket in dispute. Failure to act within the prescribed timelines can result in the ticket being treated as a conviction without a hearing.
Disputing a Traffic Ticket: The 30-Day Deadline
An individual who wishes to challenge a traffic ticket has 30 days of the date the ticket was issued to file the ticket in dispute. The dispute may be filed through various means such as in person at a courthouse registry or by mail.
If the dispute is not filed within the 30-day period, the court may deem the ticket undisputed, resulting in a conviction and the imposition of the fine and penalty points. In some cases, an application for a late dispute may be accepted.
Scheduling of the Hearing
Once a traffic ticket is disputed, a Notice of Hearing will be issued, advising the accused of the date, time, and location of the court hearing.
As a general rule, most traffic ticket hearings are scheduled within twelve months of the date the traffic ticket was issued. This objective exists largely to prevent applications for dismissal based on undue delay under the Canadian Charter of Rights and Freedoms.
If it is longer than twelve months before the first hearing, there may be grounds for a Charter challenge because of delay. To minimize this risk, traffic court hearing dates are rarely scheduled more than one year from the date the ticket was issued.
In most cases, hearing dates are set approximately nine months after the alleged offence. Some matters may proceed slightly sooner around six months and others somewhat later up to eleven months in more rural areas. It can be more common for traffic court hearings to be set further in the future for traffic tickets issued in smaller, more rural communities.
Preparation for Traffic Hearing Dates
Regardless of when a traffic court hearing is scheduled, thorough preparation remains essential. Knowledge of the applicable statute and caselaw are essential elements for a proper preparation.
If you have been issued a traffic ticket, give us a call to discuss next steps and whether we can assist you with disputing your traffic ticket and attending your hearing.
