In British Columbia, once a traffic violation is recorded on your driving record, removing becomes more challenging.
How Violation Tickets Appear on Your Driving Record
A violation ticket becomes part of your driving record in the following scenarios:
- Payment of the Fine: Paying any portion of the fine within 30 days is considered a “deemed guilty plea,” resulting in a conviction recorded on your driving record.
- Failure to Dispute: If you do not dispute the ticket within the 30-day period, it’s treated as a deemed guilty plea, and the conviction is recorded.
- Court Conviction: If you dispute the ticket but are found guilty in court, the conviction is added to your record.
Options to Address a Ticket on Your Record
1. Disputing the Ticket Within 30 Days
You have 30 days from the date the ticket was issued to dispute it. Disputes can be filed:
- Online: Through the Provincial Violation Ticket Dispute system.
- In Person: At any ICBC driver licensing office or provincial court registry
- By Mail: Send a completed Notice of Dispute form to the address specified on the ticket.
If after disputing the violation ticket you attend traffic court and are successful in having the ticket dismissed, no conviction will appear on your record.
2. Filing a Late Dispute (After 30 Days)
If you missed the 30-day window due to reasons beyond your control (e.g., illness, mail issues), you can apply for a late dispute.
- Completing an Affidavit: Under Section 16(2) of the Offence Act, stating:
- Your intention to dispute the ticket.
- Reasons for missing the deadline.
- An arguable defence to the violation
- Submitting the Affidavit: To the nearest court registry.
A judicial justice will review your application and decide whether to grant the late dispute. If the Late Dispute Affidavit is granted, the violation ticket is removed from your driving record. You will have an opportunity to have the violation ticket placed on the docket in traffic court, where if you are successful in your dispute, the violation ticket will not appear on your driving record.
3. Appealing a Deemed Conviction (Supreme Court)
If you were deemed convicted and do not agree with the guilty plea conviction, you can also appeal to the Supreme Court by Filing a Notice of Appeal within 30 days from the date the conviction on your record.
Impact on Your Driving Record
Convictions remain on your driving record permanently. However, your driver’s abstract, which is often requested by employers or insurers, typically shows the last five years of your driving history.
Seeking Legal Advice
If you’re considering disputing a ticket or appealing a conviction, feel free to get in touch with one of our experienced lawyers at Acumen Law by calling 604-685-8889. We would be happy to provide you with a free initial consultation and discuss how we can assist with your traffic appeal.
