Q&A - Two Tickets for One Crash

crash cartoonI was given a ticket after I alledgedly hit a parked car with no one inside.

I was first given a ticket for breaking section 68(1) for hitting this vehicle. Several days later a different officer of the Port Moody police came back and gave me a second ticket for breaking section 68(2). These 2 tickets were given to me for the one single alledged offense. They both have the same date as well.

My question is why are they giving me 2 tickets for the one offense. I originally thought that the first ticket was a mistake b/c there was no one in the car that I alledgedly hit. So the police came back and gave me the correct ticket which was Section 68(2) instead of 68(1). But I disputed both tickets to be safe but both are proceeding to court with in a month. Can they give me 2 tickets for one alledged offense.

I wrote to the Port Moody Police but they arent responding. Also If I didn't realize that a collision occured is that an acceptable defense? I honestly did not even realize that any contact been made between my car and the car I alledgedly hit.

So please get back to me with any info you might have on this subject.

Comments

Answer

Yes, they can give you two tickets for the same occurrence, but because they are similar offences you can only be convicted of one of them. Unfortunately, if you were going to choose to pay them rather than dispute, most people do not have sufficient legal experience to know that and ICBC will happily accept payment for both.

Let's look at the law:

Duty of driver at accident

68  (1) The driver or operator or any other person in charge of a vehicle that is, directly or indirectly, involved in an accident on a highway must do all of the following:

(a) remain at or immediately return to the scene of the accident;

(b) render all reasonable assistance;

(c) produce in writing to any other driver involved in the accident and to anyone sustaining loss or injury, and, on request, to a witness

(i)   his or her name and address,

(ii)   the name and address of the registered owner of the vehicle,

(iii)   the licence number of the vehicle, and

(iv)   particulars of the motor vehicle liability insurance card or financial responsibility card for that vehicle,

or such of that information as is requested.

(2) The driver or operator or any other person in charge of a vehicle that collides with an unattended vehicle must stop and must

(a) locate and notify in writing the person in charge of or the owner of the unattended vehicle of

(i)   the name and address of the driver, operator or other person in charge,

(ii)   the name and address of the registered owner, and

(iii)   the licence number

of the vehicle that struck the unattended vehicle, or

(b) leave in a conspicuous place in or on the vehicle collided with a notice in writing giving the information referred to in paragraph (a).

The first part outlines the duty of any driver involved in a collision. They must stop or return to the scene, give help and identify themselves to anyone connected to the collision, including witnesses who ask.

The second is more specific, if you collide with a vehicle that has no one in or around it, you must either locate and notify the owner or leave the required infomation in or on the vehicle.

An element of the offence is that you knew or ought to have known that a collision had taken place. You may say that you didn't know, but if the officer shows the court a photo of the vehicle with half the side punched in the court could decide that you should have known and decide to convict.

When you say that you wrote to the police, I'm guessing that you have requested disclosure. There is already some information on disclosure here on the site.

And finally, yes, you made the right decision to dispute both counts if you intended to dispute.

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