Traffic Ticket Payment Second Thoughts

Mr. En Song received a traffic ticket for speeding in a school zone while he was travelling down a steep hill. He had some difficulty communicating with the police officer due to language problems. He had asked what his speed was and said that the officer did not tell him. However, he paid the ticket in full within 30 days.

Second Thought on Payment

As time passed, Mr. Song decided that he should not have paid his traffic ticket because it was important for him to present his side of the issue in court. He applied to set aside his conviction and have the case heard in traffic court.

Requirements to Appeal a Traffic Ticket Conviction

Mr. Justice Ehrcke heard the appeal. He explained that Mr. Song was required to convince him that the guilty plea made by paying the traffic ticket needed to be set aside. The plea would only be set aside in exceptional circumstances.

In order to do this Mr. Song had to show that his plea was invalid and allowing it to stand would result in a miscarriage of justice. The plea would be invalid if the accused made it involuntarily, that it was equivocal or not informed.

The Court's Decision in This Case

The Justice said:

In this case I am not satisfied that Mr. Song has shown that he has a good defence. The fact that this occurred on a steep downgrade slope perhaps provides some explanation for the speed of his vehicle, but it does not excuse or provide a defence in law to exceeding the speed limit in a school zone.

Mr. Song also failed to show that his plea was involuntary, equivocal or uninformed.

The appeal was denied.

Learn More

• Read the Reasons for Judgment - R v Song

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