Traffic Tickets

Information related to traffic tickets and traffic court.

CASE LAW - R v Drewcock

BC Courts Coat of ArmsThis is a case where Timothy Drewcock appealed his conviction for speeding in traffic court. His position is that the JJP should not have admitted police radar evidence because there was no evidence explaining when and how the radar instrument used in the case was tested and what tests were made.

Notice & Order #3

Ticket WriterPolice often issue a legal document called a Notice & Order with box three checked to deal with minor vehicle defects. It requires that the person responsible make the repair as soon as possible and then report to a specific location within a set number of days to show that the repairs have been made.

CASE LAW - R v Seraji

BC Courts Coat of ArmsIt's relatively rare to see a traffic court decision appealed by the Crown. In this case, Aria Seraji was charged with excessive speed and disputed the traffic ticket. After his trial the judicial justice found that Mr. Seraji was not driving at excessive speed and convicted him of the lesser included offence of speeding. Crown appealed the decision.

NOTICE - Resumption of Traffic Court

BC Courts Coat of ArmsThe Court is now ready to resume scheduling traffic hearings in some locations. In order to keep all participants safe and physically distant while providing access to justice, the Court has worked together with Court Services Branch (including the Sheriff Service) and Corporate Management Services Branch to identify alternate hearing locations and/or alternate hearing times to accommodate people attending these hearings.

DATA - Traffic Tickets Issued 2014 to 2018

Ticket WriterICBC has published data on traffic tickets issued in BC during the years 2014 to 2018. It's a great reference document to cite when you are worried about enforcement that is not being done. The rounded total of tickets issued in 2018 is 566,790 which is about 19% higher than in 2017.

COURTS - Traffic Ticket Dispute by Telephone

BC Courts Coat of ArmsWay back in 2007 the Offence Act was amended by Bill 33, adding section 15(3). This amendment would allow the disputant the same privilege as the prosecutor in conducting a trial by teleconference or telephone. On June 22, 2020 this amendment was finally proclaimed to be in force.

CASE LAW - R v Schurman

BC Courts Coat of ArmsJagger Ross Schurman was stopped by police in Vancouver for a number of violations while he was driving his mother's car. "He was under the impression that he would be principally fined but that the tickets would not go on his driving record. He also indicated that he was led into an erroneous understanding about the effect of pleading guilty with respect to the accumulation of points against his driver's licence by the attending officer's roadside statements."

TRAFFIC COURT - Presenting Video Evidence

VideoSmart phones and dash cams may produce video evidence to defend yourself with in traffic court. However, it's not a good plan to show up with your smartphone in hand and try to show that video to both the prosection and the judical justice while you explain your point. In fact, some judicial justices will refuse to allow you to enter evidence in this manner.

To Write, or Not to Write...

Ticket Writer"Don't you guys ever do anything else than write tickets?" asked the visibly upset gentleman who had just been stopped for travelling at 86 km/h in the posted 60 km/h zone. "Can't you give a guy a warning? This is my second ticket this year and I will owe ICBC a lot of money!"

CASE LAW - Eide v Judicial Justice Brent Adair

BC Courts Coat of ArmsJarod Eide was ticketed for using an electronic device while driving on December 13, 2017. He did not enter his dispute of the allegation within the required 30 days of having received the ticket. Subsequently, he applied for an extension of time to dispute on May 11, 2018 and it was denied by Judicial Justice Adair.

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