Q&A - Mistake on the Ticket Date

Q&A ImageI would like to know whether a ticket with the wrong date (off by a month) can be dismissed prior to an actual court appearance? I only learned of the wrong date when I went to pay my fine early on and was told I had to pay the full amount so I promptly filed a dispute notice.

I have the added problem that I no longer reside in Nelson where the ticket was issued and they want me to appear in court in mid-December- that's an 8 hour drive on highway 3a in the dead of winter! If I apply for an adjournment can I submit the wrongly dated ticket information to keep me from going to court? I would do this by attaching photos (the signatures are both visible) and a scanned copy of my ticket.

Comments

This Could be Fatal to the Ticket

It must have been a previous date rather than a future one as the ICBC Ticket Unit would have cancelled it immediately. Your dispute notice has set the court date to deal with it. There are a number of avenues open to the issuing officer to correct this right up to the end of the trial. You can be issued a new correct ticket prior to attending court, the office can ask that the date be amended at the start of the trial and the officer can testify as to the correct date and then ask the court to amend the ticket to conform to the evidence. All of these are possible, with the former being the most sure and the latter two depending entirely on the traffic court justice. The Offence Act allows for it, but the justice may not.

Unfortunately, the only way that you can dispute the allegation is to go to court in Nelson personally.

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