The most common traffic tickets in BC are speeding tickets, distracted driving tickets, and tickets for not complying with driver’s license restrictions. All of these tickets carry significant consequences in terms of fines, possible insurance rate increases, and driver penalty points.
In this blog post we break down some of the most common tickets and how they can be defended.
Speeding Tickets:
Speeding tickets in British Columbia can be a variety of different types of tickets, which are all broken down under a few related sections:
Speed in municipality if the speed limit is exceeded by less than 21 km/hr
Speed in municipality if the speed limit is exceeded by 21 km/hr to 40 km/hr
Speeding on highway if the speed limit is exceeded by less than 21 km/hr
Speed on highway if the speed limit is exceeded by 21 km/hr to 40 km/hr
Excessive speed if the speed limit is exceeded by 41 km/hr to 60 km/hr
Excessive speed if the speed limit is exceeded by more than 60 km/hr
The essential elements that the Crown has to prove on speeding tickets in British Columbia are usually proven by the testimony of the police officers. The police officer will testify about the date, time, location, the road on which you were driving, and how your speed was measured.
Speed measurement is typically done through visual estimation, Laser readings, RADAR devices, or pacing. RADAR readings can be obtained in either stationary or moving mode. However, Laser can only be operated when stationary.
Police do not need to have a Laser or RADAR reading for a condition and a visual estimate alone is sufficient for conviction. However, a Laser or RADAR speed reading without a visual estimate is open for challenge with the right evidence and cross-examination.
Police also need to prove that there was a speed sign in place, where the speed is against a highway sign. However, if the charge is speeding in a municipality the existence of a speed sign is not a necessary element that has to proven in court. It can be a defence in some circumstances if the speed sign is obstructed, such as by a build-up of snow or mud.
Distracted Driving Tickets:
Use of an electronic device while driving is one of the most serious offences under the Motor Vehicle Act in British Columbia. The government blames distracted driving for a high number of deaths and accidents on the roadway.
However, most distracted driving tickets are tickets for things that do not pose a significant risk. These tickets are most commonly issued by police officers while drivers are stopped at red lights, in construction, or in backed up traffic. The severity of the actual conduct does not change the consequences, which include a $368 fine and four penalty points.
Distracted driving is ticketed as using an electronic device while driving. This means the distraction must come from an electronic device. The definition of “use” in the Motor Vehicle Act is very broad: it includes more than just talking or texting on the phone. For example, touching the phone to change the GPS directions or just touching your phone to change a song is illegal.
Because the categories of use are very broad and the categories of electronic device are also broad, it is important to get legal advice before disputing a distracted driving ticket.
Disobeying Driver’s License Restrictions:
This is one of the most difficult to prove offences in the BC Motor Vehicle Act even though it is a very common ticket. However, that does not mean that police are not equipped to prove these cases.
In order to prove a person disobeyed a license restriction, the police must show the license restriction existed. Typically this is done by inspecting the license for the condition on the back. Those conditions could include having a supervisor, not having more than one passenger, or displaying an L or N sign.
However, police cannot issue a ticket for disobeying a license restriction if there is a specific offence related to a violation of that restriction. This means that you would need to know what provisions of the Motor Vehicle Act and Motor Vehicle Act Regulations exist in order to know whether the charge was validly issued.
Finally, charges for disobeying a license restriction can be issued for driving with alcohol in your body when you have an L or N license. But the results of breathalyzer tests, the smell of liquor, and even admissions to consuming alcohol are only admissible if certain evidentiary and trial rules are followed. This is why having an experienced traffic ticket lawyer can be crucial to defending these difficult cases.
