Incorrect Information on Police Report

I was T-boned yesterday night (no injuries on both sides) and got a ticket (red light at intersection). Police officer gave me aslo a 'police investigation report' which contains wrong decription of the accident (damage to both cars are wrong), and no collision code selected etc.

I believe that I was driving on green but cannot prove (no dash cam :( )

Can I use mistakes in report to dispute the ticket or it's useless? Can the wrong/incomplete report be a ground to cancel the ticket?

Thanks in advance!!

The short answer....

No.

The accident report has no relation to the ticket.  Check the information on the ticket.  How does that compare with the accident (yes, I know, you didn't go through a red light) but, date, location, etc.

Also if you dispute the ticket, before giving evidence if there is an error on the ticket the constable can request to ammend.

Common to hear someone get a ticket driving a red Ford and the ticket says "red Chev".  So they must be innocent, right ?  No.

Answer

I'm going to assume that you mean the MV6020 collision reporting form completed by the officer contains errors and not the ticket itself.

The report could be entered as evidence to show errors and infer that the officer was not paying sufficient attention to the task at hand and perhaps the reason for writing the ticket suffered because of that.

I always tried to hand complete copies of the report to the participants in a collision before I left the scene, but it is not mandatory. The coding around the margins of the form could always be completed later on before the original was submitted to ICBC for processing.

Are there any witnesses listed at the bottom of the MV6020?

yes it is MV6020

No witnesses listed on the form.

Anyway, if officer can amend this form at any time then I don't think I can use it.

Thanks all for your prompt replies!! I really appreciate your help!

 

My5Cents' Comment

He was referring to the violation ticket itself, not the MV6020. You have the initial (unamended) copy of the MV6020 to show.

It would be worth your while to request disclosure (use search, it's here) and see what you need to plan your defense. There is lots of information here to guide you.

No witnesses ?

Yes, correct, I was referring to the ticket not the MV6020.

The accident report is basically for statistics and to pass on witness names.  ICBC won't base their finding of liability on the report, but will give weight (and lots) to a conviction.

I agree, the fact there are no witnesses listed is interesting.  It raises the question of what the constable is using to determine the color of the lights for which direction.  (assuming Vladimir didn't confess to disobeying a red light, that is).

It doesn't matter how many occupants there are in one vehicle or the other, each vehicle is given the weight of one witness.  So for example if the other driver and his two passenger say you went through a red light and you, alone in your vehicle say you had a green, there is no proof either way.  If there is other evidence, a dash camera or something, it would certainly help.

Also the manner in which each driver comes across, ie, <affirmative and aggresive> "I had a green light, that car hit me !",  (other driver) <polite and conciliatory> "Gee I think the light I was facing was green."  Shouldn't matter.  Without some independent evidence, nobody gets a ticket.

I recall an accident I sorta witnessed.  I heard the crash, but was looking down.  I was on a one way street about a half block from the intersection where the collision had occurred.  I looked up and saw that in the direction I was facing, my light was green, I counted the seconds til the light changed to yellow.  From timing the next phase of the light I knew the car travelling the way I was facing had a green light at the time of the crash.

I spoke to the two drivers.  One a female teenager, the other a middle aged female (by attire) business woman.

The teen ager "I thought I had a green light"

The middle aged female "She went right through the red light, look at my car....."

I knew I didn't have enough evidence, without my observations, to prove who went through the red light, but, in my mind, I would have guessed the newer driver, not really affirmative on the light color, verses the experienced driver, very assertive.  My vote would have been red light teenager.  (not that I could have written a ticket on that)

I asked which was on the one way street I was on.

The teenager.

If the constable based the decision to issue you a ticket on anything other than actual independent evidence, (and it can happen) you have a chance.

Thanks!

Thanks! I'll read more..

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