Traffic Tickets

Information related to traffic tickets and traffic court.

CASE LAW - R v Schryvers

BC Courts Coat of ArmsThis is a case that dates back to November 1, 1962 in the British Columbia Supreme Court. It is the origin of what is known among police officers as the Schryvers Test and is used to assist in properly identifying the driver in traffic court as the accused.

Restorative Justice: An Alternative to the Traffic Ticket

Scales of JusticeQuite some time ago I wrote about an initiative to trade your ticket for driver training. I was very pleased with the outcome of the one instance that I tried on my own, but the program never took off as the provincial government required the RCMP to provide it to all drivers if it was implemented. The Victoria Police Department is trying something similar through Restorative Justice Victoria.

CASE LAW - R v Taylor

BC Courts Coat of ArmsJewel Taylor was issued a 3 count violation ticket in North Vancouver and in February of 2016 paid the fines shown on the ticket. She subsequently received a bill from ICBC for the point penalties involved totalling $640. Shortly after that she applied for an extension of time to appeal her conviction. She was 18 months late in doing so according to the Criminal Rules of the Supreme Court of British Columbia.

BILL 12 - 2017 Public Safety Statutes Amendment Act

Violation Ticket TopB.C. is moving a little closer to having a modern traffic ticketing system. Instead of an officer hand writing a violation ticket, the data will be entered into a computer at the roadside and a printed copy of the eTicket issued to the offending driver. In addition to producing a completely legible document the data can be transmitted to ICBC and the court system, eliminating a significant duplication of effort.

CASE LAW - R v Rahmani

BC Courts Coat of ArmsThis is an appeal to the Supreme Court over the dismissal of a number of violation tickets by Judicial Justice Adair. In each case the justice decided to dismiss these traffic tickets because they took too long to proceed to trial. Neither the Crown nor the disputants involved had any input into these decisions.

Your Day in Traffic Court

Scales of Justice"I'll see you in court!" This hollow threat often ended conversations at the roadside after a driver was issued a traffic ticket for a violation. I knew that few of them would actually carry out their intention and if they did, there would probably be no coherent defence made.

Like many things in life, success often depends on preparation as much as it does on the delivery. Traffic court is one of those occasions.

NEWS - Provincial Court Support Person Guidelines

BC Courts Coat of ArmsOn April 10, 2017 provincial court Chief Judge Thomas J. Crabtree issue a Notice to the Profession for family court and civil proceedings. This was followed up by a notice from the provincial court titled Guidelines for Using a Support Person in Provincial Court. An associated  publication from the National Self-Represented Litigant's Project is The McKenzie Friend: Choosing and Presenting a Courtroom Companion.

More on Agents in Traffic Court

Violation Ticket Top I'm not a lawyer reads the e-mail, I'm a grandfather but I want to be able to help my grandson dispute a traffic ticket. At his first appearance on this ticket the presiding justice refused to let me participate telling me that my grandson was old enough to do it himself. There wasn't enough time to get to his hearing that day so I want to try again. How do I get the court's permission to do this?

Violation Ticket Defects

Violation Ticket TopJudging by the traffic ticket section of the DriveSmartBC forum, one of the first responses people have after receiving a traffic ticket is to find a defect, real or imagined, as a justification for not having to pay or to justify a dispute in traffic court. Contrary to what you might think, an officer may make a number of errors or omissions without causing the ticket to be null and void.

CASE LAW - R v Erfani

BC Courts Coat of ArmsMana Erfani received a two count traffic ticket for not having a valid driver's licence and using an electronic device while driving. She intended to dispute both counts, but on the advice of an insurance agent, paid the fine for the no driver's licence count. On the date set for the trial of the use electronic device count, Ms. Erfani failed to appear and was deemed convicted.

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