Q&A - Can a Justice Increase the Fine Shown on a Traffic Ticket?
I recently traveled back on a superb trip from Bella Coola back to my home in the Lower Mainland. If you want to get out of the lower mainland and explore our beautiful province I'd recommend this to anyone...
En-route I was traveling through Alexis Creek where I was stopped and ticketed for speeding. The officer alleges I was traveling at 104kph in a 60kph zone. I couldn't be sure exactly the speed I was going but would have to defer to the officer's superior measuring equipment. ;-)
I was then written up under sec 146 (3) with a fine of $196.
According to my math I have been lucky and should have been ticketed under sec148 (excessive speeding with a correspondingly higher penalty) rather than sec 146. I will go ahead and pay the fine (with a $25 deduction for filing within 30 days) and learn from my mistake but part of me wonders whether I should dispute the ticket given. As I understand, any fine levied cannot be increased by a judge but I don't know if the "offence can be increased".
Can I argue that I didn't commit the sec 146 offence without getting clobbered for the sec 148 offence?
I think it's all a bit academic but it is an interesting question to pose....