A traffic ticket is a notice issued by a police officer to a motorist, indicating a violation of the British Columbia Motor Vehicle Act or Motor Vehicle Act Regulations. The consequences of traffic tickets can include fines, driving prohibitions, and demerit points on your driving record.
Traffic tickets in British Columbia fall into two categories: moving and non-moving violations. Moving violations are tickets issued for conduct directly related to driving behaviour, such as speeding, running a red light, or careless driving. By contrast, non-moving violations cover licensing and vehicle-related infractions like driving without insurance, using an expired driver’s license, or not displaying an N.
Typically only moving violations have points. However, there are some exceptions to this. For example, there are points for not having a valid license, as well as points for excessive noise. Even though these do not involve the movement of your vehicle, they still have points because of the risk or consequence to the public from these tickets.
A violation ticket is typically issued in less serious cases. Traffic tickets in British Columbia can be issued for multiple offences, with each ticket being able to list up to three offences. The face of the violation ticket you are issued will list each offence you’re charged with and the corresponding monetary penalty. Points are not listed on the ticket, and happen by operation of regulation upon condition.
The fine indicated on the ticket must be the prescribed fine for the offence under the Motor Vehicle Act Regulations. That being said, there may be ways to pay lesser fines. This can include if you pay the fine within 30 days, or if you apply for a fine reduction. But be careful: some fines in British Columbia are mandatory minimum fines and cannot be reduced.
Generally, you do not need to attend court if you want to accept the ticket and pay the fine. This is essentially the same as pleading guilty to the charge on the ticket. However, it remains your constitutional right to dispute a violation ticket. If you decide to challenge it, you have 30 days from the date you received the ticket to file a dispute.
The 30-day dispute period is counted including weekends and holidays, except if the last day to dispute the ticket falls on a weekend or holiday. In that case, the last day will be the following business day. It is always a good idea to file the dispute as soon as possible. Some people advise waiting until the last possible day to dispute the ticket in order to delay the proceedings. Realistically, however, this does not extend it by much. Most tickets in BC are scheduled and heard within less than 8 months from when the incident took place. Adding a few weeks will not get past the 18-month threshold.
As for hiring a lawyer, you have the right to have a lawyer represent you in traffic court. You are not obligated to have a lawyer, but if you do your lawyer can appear on your behalf and you may not need to attend court.
If you are considering hiring a lawyer, it is best to hire a lawyer with experience in defending traffic ticket cases. That lawyer can guide you through the complex legal process to achieve the best possible outcome, including determining whether your attendance is necessary.
While police and other people may try to persuade you that defending a ticket is a simple process, that cannot be farther from the truth. There are often nuanced and complex defences that can be overlooked by those without the right level of experience in this area. Many criminal lawyers defend traffic ticket cases, but not all criminal law principles apply in the same way in traffic court. This can lead to procedural confusion where people are not experienced with the methods used in traffic court.
In some cases, we can negotiate with the officer to eliminate the points, reduce the charge to something less serious or which carries fewer points, and explore other options for out of court resolutions of the ticket. We can also challenge any inconsistencies in the ticket completion or on the face of the ticket itself. In some limited circumstances, traffic tickets can be dismissed if a procedural error was made by the police officer or the ticket was not completed correctly. But the type of error and significance of it varies.
For commercial drivers, we recognize the unique challenges they face and provide tailored defence strategies to protect their livelihoods. Whether you’re dealing with a speeding ticket, distracted driving charge, red light camera violation, or stop sign infraction, we are equipped to handle your case. We also defend against more severe offences like driving without due care and attention, driving without reasonable consideration, excessive speeding, and using an electronic device while driving. Don’t let a traffic ticket negatively impact your driving record, insurance rates, or ability to drive. Reach out to us today for a free consultation, and we’ll help you build a strong defence. Traffic ticket cases can be won, and we are here to ensure you receive the best possible representation.
