Q&A - Improperly Deemed Convicted

Q&A ImageHello. When I received the ticket I disputed immediately. The officer could not give me an answer to my question regarding  my drivers log book. I did what the letter said and replied as not guilty and the full reasons why. I was never sent a response and thought it was done. I should have followed up. I just seen it on my credit report and am wondering what I can do. I will  pay it if needed. I would like to know why there was no response to my letter about the ticket. Would be happy to explain again what happened and why I feel there was no reason for the ticket. Thank you very much and hope to hear from you soon to get this cleared. I want to also get this off my credit since I was never contacted about this after my letter was sent. Again thank you and I hope we can work this out either way.

Comments

Clarification

I responded to this person by e-mail and asked for some clarification of the circumstances.

E-mail Response

So I was working in the office of an oil field company and did not normally drive our trucks that require log books. A small job had come up in BC and since I knew the equipment and had my air breaks and proper training I was asked to do the job. Since I didn't normally drive the trucks I filled out my logbook and stated I hadn't driven company trucks for over six months on the page of the log book. I know you need two weeks of record but I did not. The rest was filled out correctly. When the office asked why I didn't have the two weeks prior I explained the reason as I don't drive the trucks normally and this was the first in over six months. I asked what I could have done differently and the only response was that I needed the two weeks prior. I told him that I understand but if I have not driven in six months and there was no reason to think I would be driving how would I haven't two weeks prior. The response again was you need two weeks. I was served a ticket and 72 hour suspension.  I responded to the ticket in writing as it said to do so on the back and sent it. I guess I should add I was living in grande prairie at the time and moved to the Calgary area about 6 months maybe less after. Had my mail forwarded and did not receive anything in response. Looking into this last night I see a few steps I also could have taken at the time to check into this. I also thought that if it still needed to be paid it would have come up during my license renewal due to it coming from an RCMP even from another province. I now know I was incorrect in thinking that.

I guess my main question is how do I deal with it now and is there a way to have it removed from collections. If you could point me in the right direction that would be appreciated. As I said I don't mind paying it because in the end it was I who didn't follow up. I am looking through my files to see if I have the ticket and copy of letter I sent.

Answer

There is a mechanism in place to reverse deemed convictions when the accused can show that the opportunity to dispute was not taken through no fault of their own. This certainly sounds like it is a candidate to have the conviction set aside and a trial date set.

You can obtain a copy of the ticket through the Violation Ticket Center. It would be good to find the original letter that you wrote in response to the ticket. If possible a receipt for the mail redirection when you changed address would help too.

Now you need to contact a court registry office in BC and set in motion the actions that you need to take to apply to have the deemed conviction set aside. Here is the affidavit that you need to use. There is a limit of 30 days to get this done following the time that you first realized that the conviction had taken place.

Good luck with your quest!

Late Dispute Denied

I was pulled up into a turn lane at a traffic light with one car in front light turned green he did not move I put my truck into park got out see what the matter he was texting we had an argument I had knocked his mirror off accidently by swinging my hand to motion him to go. he reported me to police and icbc contacted me thru plate number on traffic camera gave me the ticket from what he saw on camera . 196 plus 6 points which has now effected my truck driving job I mailed ticket to dispute it got lost in mail ...so I filed an affidavid in court registry for a late dispute it got denied and now I phoned icbc the woman doesn't understand why it got denied she told me to re submit another affidavid

Advice

ICBC is probably not the best place to ask advice in this situation. You would be better off asking someone at the Violation Ticket Center or the Court Registry if you don't go to a lawyer.

You should have received a note on the bottom of your affidavit explaining why the application was denied. What did yours say?

Knocked his mirror off?

Methinks there's more to this tale than has been told.

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