Question: A member of our car club who is a new driver has been ticketed with failing to stop at a red light and having too many passengers. This violates the terms of his novice driver's licence. He asked our group for help to dispute the ticket and I would like some help with counselling him on what to do.
After asking for help he disclosed that he has just completed a suspension and that any tickets during his probationary period will result in a one year suspension. He deems this as detrimental as his car is his means of transportation to and from school and work.
His previous suspension was for speeding, doing 90km/h off a bridge allegedly.
While I believe that this ticket was merited and he should have known better, many people have been encouraging him to dispute the ticket with the hopes that the issuing officer will not appear in court. Others are suggesting that he stall this out until he is eligible for his full class 5 license which would hopefully result in penalty points, but no suspension.
My understanding is that after any suspension during a new driver's novice period, the two year requirement before you can apply for the class five, is reset. Is this correct?
Other suggestions have been to speak to the issuing police officer and try to plead an alternative punishment (Other members claim to have donated an equivalent sum to charity to avoid the points) and another has claimed that he appeared at the appeal, explained that he made a mistake, has learned from it and has been and will continue to drive more carefully in the future, which suspended the ticket.
My suggestion was to do something similar, and possibly plead to suspend the points, or avoid the license suspension, while maintaining the monetary fine by explaining his circumstances. My thinking is that given his previous suspension, both the issuing officer, as well as the presiding judge would be much more skeptical and more inclined to dismiss his plea.
It is also the opinion of many club members that he has a complete disregard for traffic regulations, and that having too many passengers after already facing a suspension, is indicative of this. We have warned him that regardless of the approach he takes, it is important that he is honest, and avoids leading witnesses to make inaccurate statements.
Do you believe that this is an accurate assessment of the situation, or are we perhaps being too harsh for a new driver?
Officer Not Showing Up for Court
The advice about the officer not showing up is not bad advice. The possibility does exist. I made a complaint about someone who passed me on a double solid line and told the investigator assigned that I was willing to attend court. Apparently she was needed "for operational reasons" on the dispute date and didn't show up. I did not receive a witness notification so this tells me that there was no intention of showing up for trial to start with.
Grounds for a Dispute
I'm not sure what grounds this new driver would have for a dispute. He either came to a full stop in the proper place or he didn't. It's the same with the passengers, either he had less than or equal to the number of passengers or he didn't. If he didn't, then he would have to dispute based on a defect in the ticket or hope that the officer would not give sufficient evidence for a conviction. Either way, I can't comment more without detailed information.
New Driver Being Prohibition Free
You are correct, a new driver must be prohibition/suspension free for two years before ICBC will allow them to test for a higher class of license.
Alternatives to a Traffic Ticket
Alternative resolutions are possible if the officer agrees. I shredded a ticket once after the driver spent the equivalent amount on themselves in driving school. The court can agree to something similar too, but they are reluctant to do so as it involves more court work.
Penalty Points
You cannot be fined and avoid the points. If you are convicted and there are points for the offence, you get the points. The only way to avoid them is by not being convicted.
Driving Records in Court
As for court this time around, the only way that the judge learns of a prior driving record is if the accused testifies to it or it is brought up during sentencing post conviction. The decision on guilty/not guilty is made on the evidence given in this instance alone.
Failing to Tell the Truth
Being dishonest (failing to tell the truth) at trial is a criminal offence. If that can be proven he is in far more trouble than this traffic ticket. A criminal conviction can have all sorts of consequences later in life with regard to things like travel and jobs.
Helping or Hurting
Are you being too harsh? Probably not. You have a better idea than most how well or poorly this person drives. We had a friend in high school that was so bad we all quit riding with him. He eventually did manage to kill himself through the operation of his vehicle but was alone at the time.
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