If you do not file your ticket in dispute, your ticket will be deemed not disputed. This is considered the same as pleading guilty to the ticket. You are admitting that you are responsible for committing the offence, and the fine amount will be assessed against you.
Simply not responding to or not disputing a ticket does not mean that you retain the right to dispute the ticket indefinitely. Many people think that by not filing a dispute in relation to their ticket, they will not have to deal with the consequences of the ticket and they do not have to attend court.
But this could not be further from the truth.
You have only 30 days to dispute your ticket, and if you do not file it in dispute, you are deemed to have pled guilty to the ticket. If you miss the time to dispute your ticket, or you do not file to dispute within the 30 days, you are considered guilty, the points go on your driving
record, and the fine becomes due immediately to ICBC.
Does this mean that you never have an option if you do not file your ticket in dispute within the time frame? Not necessarily. For example, if you do not file your ticket for reasons beyond your control, such as if you became ill, or left the country for 30 days. In those circumstances you may be able to apply for a late dispute.
Late disputes are complex. There are numerous pieces of information that have to be provided in filing a late dispute, and the information has to meet a specific legal test, all while being filed on the correct form.
Making sure you have the right form is especially important given the various versions of the form that exist, depending on what kind of late dispute you are filing. This means that there is a different process if you file a late dispute of the ticket, a late dispute over a missed court date, and a late dispute more than 30 days after your missed court date.
Filing a late dispute is something that you should think very carefully about before you do it. If you missed your time to file your ticket in dispute, you should always consult with a lawyer before filing the application.
If you do not successfully file a late dispute application, then the next step is for your matter to be brought to the BC Supreme Court. There you will argue in front of a judge that the decision to reject your late dispute application was unreasonable.
This is an expensive, time-consuming and extremely difficult process, which is why it is always best to file your ticket in dispute as soon as possible after receiving it, and of course, to seek legal advice prior to taking any steps in relation to your ticket.
