Traffic tickets can have various consequences, depending on the severity and frequency of the infractions. Here’s a detailed look at what you might face if you receive a traffic ticket in British Columbia.
Fines and Driver Penalty Points
Every traffic ticket in British Columbia must list the offences you are charged with and the corresponding fine amount. There are reduced fines available if you pay the ticket within 30 days. The reduction for paying within 30 days is only $25.
In addition to fines, each offence is associated with demerit points that permanently register on your driving record. These points will no longer appear on your driver’s abstract (a five-year snapshot of your driving record) after five years. But the points remain on your driving record forever. Your driving abstract is used to calculate insurance rates and ICBC premiums, as well as determine whether you should receive a driving prohibition for an unsatisfactory driving record.
Your driving record can be used against you for court proceedings, and many employers will ask for a ten-year abstract which can increase the length of time points may continue to affect you.
There is no way to remove points from your record.
Driver Penalty Point Premium
ICBC has two different driver premium programs: the Driver Penalty Point Premium and the Driver Risk Premium. You will only have to pay one of these, provided you are subject to both. ICBC will make you pay whichever amount is higher where you are assessed both the Driver Penalty Point Premium and the Driver Risk Premium.
The Driver Penalty Point Premium applies if you accumulate more than three points in one year. This premium is invoiced annually, and the more points you have, the higher the premium. This charge is separate from your insurance premiums and is billed regardless of vehicle ownership or insurance. It is based on the points on your driver’s abstract accumulated in that one-year period.
Driver Risk Premium
The Driver Risk Premium is different from the Driver Penalty Point Premium. ICBC reviews your driving record for offences within the previous three years before your assessment date. Each person’s assessment date is calculated differently.
Particularly serious traffic tickets or driving convictions can trigger the premium, which is also invoiced yearly. Each offence can affect your bill for up to three years. Like the Driver Penalty Point Premium, it is billed whether or not you own or insure a vehicle. ICBC will not renew or reinstate your license until this premium is paid in full.
If you do not pay the Driver Risk Premium, the amount will remain payable to the government and interest accrues at a high rate so it is always advisable to pay it as soon as possible.
Offences that trigger the Driver Risk Premium include:
– Driving-related Criminal Code convictions, such as DUI or Dangerous Driving
– 10-point Motor Vehicle Act convictions, such as prohibited driving
– Excessive speeding convictions
– Multiple roadside suspensions/prohibitions
- Second or subsequent use of an electronic device while driving
The Driver Risk Premium starts at $340 per year and increases based on the number of convictions. Each Premium lasts three years, and the Premium may go up or down each year based on when convictions are added to your record or fall out of the three-year window from the assessment period.
Vehicle Impoundment
Police have the authority to tow and impound your vehicle for several driving offences. The impoundment period can range from 24 hours to over thirty days, depending on the circumstances.
While there is a dispute process for vehicle impoundments, those only apply to impoundments that are 30 days or longer. If you receive a 7-day impoundment for excessive speeding, for example, there is no way to dispute that. And — to make matters worse — even if you are successful in disputing the ticket in court, you will still not be reimbursed for the towing and storage costs.
For short impoundments (24 hours to seven days), you can reclaim your vehicle directly from the impound lot without going to ICBC first. For longer impoundments, you must visit an ICBC driver licensing office with your identification and the Notice of Impoundment.
Towing and storage fees apply regardless of the impoundment duration.
Offences that could trigger your vehicle being impounded include:
– Driving while unlicensed or improperly licensed
– Driving while suspended or prohibited
– Excessive speeding (more than 40 km/h over the limit)
– Street racing or performing stunts
– Improperly seated on a motorcycle
Driving Prohibitions
Driving prohibitions can result from traffic tickets in three ways:
1. Superintendent’s Prohibition, also known as a High Risk Driving Incident Report:
RoadSafetyBC’s Superintendent of Motor Vehicles can issue a prohibition at the request of the ticketing officer. This prohibition starts upon receipt and can last as long as the Superintendent determines is appropriate. It is challenging to dispute, and you cannot drive while disputing it.
These prohibitions are often based on an allegation of bad driving behaviour without confirmation or the opportunity to dispute it. What’s more, they come in the mail or are served by police often days or weeks after an incident, thereby making it more challenging to dispute the prohibition. There are short timelines to dispute this type of prohibition.
2. Record-Based Prohibition, also known as the Driver Improvement Program:
The Superintendent of Motor Vehicles can issue a prohibition when a violation ticket is added to your driving record. Disputing the ticket postpones the prohibition until a resolution is reached. The prohibition is based on the Superintendent’s opinion that you have a bad driving record.
Each person’s driving prohibition is assessed individually and some tickets can trigger a driving prohibition for some drivers without anything else on the driving record. In other circumstances, a pattern of similar tickets, such as for speeding, may trigger a prohibition.
There is a common misconception that a prohibition can only be issued if you reach a certain threshold number of points. That is not the case and a prohibition can be issued even if you are below the point threshold.
3. Court-Ordered Prohibition:
If you fail to dispute a ticket successfully, the issuing officer can request a prohibition be added to your driving record as part of the sentence. Some judicial justices in traffic court will impose such a prohibition. There is strict case law about when they can be appled but when people are self-represented they may not know the law and walk away with a prohibition from traffic court.
The BC Supreme Court handles appeals of these prohibitions, which remain in effect until they expire or are resolved in court, or until a stay is granted pending the appeal. It is best to consult with a lawyer before dealing with a traffic ticket to avoid the potential of such a prohibition being added to your sentence.
Understanding these penalties can help you navigate the consequences of traffic tickets more effectively and take necessary actions to mitigate their impact.
We are experienced lawyers who deal with traffic ticket cases. Traffic tickets can be won. Contacting a lawyer as soon as possible after receiving a traffic ticket can put you in the best position to mitigate the possible consequences.