Class 5 Road Test booked after court date

So I disputed my Traffic Violation Ticket of 'Use of Electronic Device while driving' and thanks to these forums I have created a case to argue in my defense where I wasn't 'using' my cell phone. I currently have my earliest Class 5 road test booked for after my court date. My questions are:

- If I am found guilty of the offense on my court date before my booked class 5 test, will I not be able to go for my class 5? As the law states that if I receive a ticket while I am an 'N or class 7 driver,' I will be required to wait another year or so until I am able to go for my class 5 test again. Also this ticket carries enough points to take my license away

- To simply just get my Class 5, should I just not show to court and attend my class 5 road test exactly one week after my road test? Or will myself not showing up indicate guilt and postpone my ability to take the road test on my scheduled date?

- Also this ticket carries enough points to take my license(Class 7) away, so even if I do go for my class 5 and pass/fail. Will they not just take my license after my test?

Alternatively, I had asked for the officer's notes on the ticket about more than a month ago and the officer still has not sent them my way. I've got proof of the conversation all on email, the officer stating that he would email me the notes. If the officer doesn't decide to pull a fast one on me and send me their notes within the week(my court date is next Tuesday) then I plan to ask the JP to adjourn the court date to a later time because the officer hasn't yet to send me their notes.

Thank-you and I'm looking forward to someone's response.

UPDATE: 

I found a question in the forum "Does Any ticket prohibit you from class 5 exam?"

So if my court date and class 5 test are within a week from each other, the paperwork probably won't be processed fast enough? So then if I will be able to go for my class 5 test and I will be treated as a Class 5 driver and thus my license will not be taken away? Can someone clarify?'

Thanks!

Advice

I would suggest to him that he ask for an adjournment on the grounds that he has not had timely disclosure.  He should turn up as it is too late to apply in writing and get a response if his hearing is tomorrow.  If the officer does not attend, then he can have it dismissed for  want of prosecution and if he does, then ask for the adjournment.

Just a thought.

I'll leave it to our esteemed site host to tackle these questions, but have one of my own: is your mandatory waiting period for C5 test eligibility completed? 

Reason why I ask, is if you can potentially exit your C7 Novice stage at any time, then if I were you I'd be at the local (or other) ICBC Driver Licensing office every morning at opening time (typically 8:00 or 8:30 am) hoping to grab a standby test from somebody else's late cancellation/no-show.

It would seem to me that really, you have nothing to lose but the test fee - and, possibly, everything to gain by getting that Class 5 license sooner rather than later.

 

Thought was already thought of - Thank you anyways!

Unfortunately, the answer is no. If it were a yes, what you had suggested is exactly what I would be doing.

Go to court, go to exam and post an update :)

It's a lot better to go to court than not. There is always a chance that the officer will not show up, however little the chance is. If the officer shows up and you get a chance to talk to them before the court, and if you have some reasonable arguments (officer has to think that they are reasonable) but the officer still wants to proceed to court, you can try asking the officer to down-grade the charge to:

25(15) - Drive contrary to restriction - $109 - 3Pts

Let them know that you are ready to take your class 5 and have it booked already in a week, otherwise you'll likely have to reset your 7N period.

If they won't budge and want to go to trial, do it.

- Plea not guilty
- Listen carefully to the officer's testimony, make notes for cross-examination
- Attack every single point of uncertainty as it appears on the face of the testimony (with-out bringing or attempting to bring any extra evidence) - cast doubt - the standard is beyond a reasonable doubt - so very high in your favor
- Make a closing argument to the judge after cross-examination, conclude that for so and such reasons the officer has not proved the offense
- Smile and ask to dismiss the case

Whatever you do, don't agree to testify yourself, you are not required to; but if you do - it will bring new evidence into the hearing, and even more evidence after the officer cross-examines you.
The game is to poke holes in the officer's tapestry, with-out strengthening it with your own fibers.

Use hypotheticals: if officer says they saw you holding a phone, or it was "near-by" in a cup holder, say that the law allows for a 7N class drivers to call emergency services using a cellphone, and therefore does not outlaw the possibility of a 7N driver having a cellphone near by or even holding it. You don't have to answer questions like "were you using it to call emergency services then?" - fall-back on law: 7N - emergency - possible. You don't need to deny holding it, but you also don't need to provide your reasons for doing so at the time. Simply note that its not illegal and does not form an offense. If the officer dwells on the fact that you were holding it, turn around to the judge and press them i.e. Your Honor, if the officer's only evidence is that I was holding a cellphone, I respectfully ask you to dismiss the case, because as I already shown the law does allow for the possibility of a 7N driver holding the device, and holding and using are two different things.

You are not there to prove your innocence - you are presumed innocent. Officer has to prove your guilt beyond reasonable doubt. Don't try to prove anything to anybody, except that the officer's evidence is lacking in quality, quantity and facts.
But you got to be composed, friendly, concerned for the proper administration of justice and far removed from what actually happened that day entirely.
Act like a defense attorney, not a defensive defendant. After-all you are there to protect your interests.

If you get convicted, you may ask for a reduction in fine or time to pay. Not certain about distracted driving fines - but statutory explicit fines cannot be reduced. 
Justices are usually happy to give  time to pay - 2-6 months is not unreasonable to ask. Take the time!
There's a good chance that you will be able to take your Class 5 test, and if you do and you pass - they have to give you your license.

Would appreciate an update! Thanks for posting :)

Another idea.

Are you in a position where you could ask for a delay of your case; for instance, perhaps you could petition the court system for this on the basis that the officer has failed to provide the necessary information needed to construct your defense, within a reasonable time frame?

It seems to me that if the court case got rescheduled to a month later or whatever it could become moot (assuming you're successful with your Class 5 Driver Exam).

For what it's worth, I'm vehemently opposed to the use of mobile phones by drivers. But I hope (and expect) that this experience will already have influenced your behaviour profoundly as to whether or not you even touch that thing ever again when behind the wheel. And if the police are messing you about then that's profoundly unreasonable - they have a responsibility, too, and deserve to lose the case if they don't live up to it.

Also, in regard to the timing of all these pending events, you would probably find it helpful to sit down personally with someone in authority, and immediate consequent knowledge of, how long it takes for things to take place. With my background in the driver training industry, I've known of zillions (that might be an exaggeration) of cases where an Applicant successfully passes a Road Test and has the actual license in their mailbox 2 or 3 working days later; ICBC can be remarkably efficient! And, I suspect that it can take the courts some time to register a result with the licensing authorities, which obviously may work in your favour.

So, consider visiting your local ICBC office. DO NOT make any kind of fuss or noise in the public area there or you'll get nowhere, fast. But, if you simply ask at the front desk for a private conversation with their Driver Examiner Supervisor and/or Manager of that branch, they'll make it happen even if you have to hang around a while.

You may even be able to arrange an appointment for this via phone, going through a general enquiry number i.e. 604.661.2255 or 1.800.950.1498 but will probably find it challenging as the people who take the calls are trained to try and deal directly with enquiries and will be resistant to assist in this way; be calm and persistent, and if they're difficult ask them for their full name and job description along with the name and contact details for their Supervisor. This will probably result in the result you're wanting, a direct meeting with those who know what's going on in real terms, in cases such as yours - they deal with it every day.

 

 

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