A common belief among drivers in British Columbia is that a police officer must personally witness a traffic violation to issue a ticket. However, this is legally incorrect. An officer may issue a traffic ticket based entirely on third-party witness accounts, statements from drivers, and physical scene evidence.
A site visitor recently reached out for help with a classic example of this situation unfolding right in front of a local police station:
Question: I would like to know if it is proper for an officer to write me a traffic ticket without witnessing the incident himself. When I tried to pass a car on the right on a one lane street, the car I was trying to pass hit my rear bumper on the left side. I called the police to report this.
When the police officer arrived he decided to give me a ticket for passing on the right, section 158 (1) MVA. This was based on the other driver's explanation and according to him someone inside the police station who witnessed the incident. This happened in front of the police station.
I explained to the officer that the other driver had been tailgating me, honking and waving at me to pass. He cut in in front of me in a very unsafe manner (basically a road rage case).
When I tried to pass him because of his unsafe driving he didn't leave me a chance and hit my car on purpose.
The officer gave me a file number but later when I tried to get a copy of the collision report I found out that there was no report issued because the damage was less than $1000.00.
Is the ticket that I received valid considering that the officer did not witness the violation? The witnesses that he based his decision on are basically the other driver and the unidentified person in the police station.
I did not sign the ticket because I was never asked to.
Not Witnessing the Incident
There are many instances where an officer may choose to issue a violation ticket based only on information given to them without witnessing the event. The ticket will be valid. Your situation is one of them. This would be the case for almost all witness-based driving complaints.
Passing on The Right
From what is related above, it appears that you agree that you passed the other vehicle on the right side. This is something that is more often than not illegal in British Columbia under the Motor Vehicle Act.
Essentially, there must be more than one available lane for your direction of travel, or the vehicle being overtaken must be signalling a left turn, and you must not drive off of the roadway to complete the pass. With the circumstances you describe, you may consider making a formal driving complaint of your own against the other driver for their unsafe behaviour.
Signature on the Ticket
There is absolutely no need for the officer to have you sign the ticket. In fact, if you are issued an electronic ticket there is no space on the form for a signature.
Collision Reporting
The file number generated by the officer is sufficient for ICBC. The officer is correct; he is not required to complete a formal written MV6020 collision report in these circumstances, though he may choose to do so if he wishes.
Dealing With the Ticket and Requesting Disclosure
If a violator pays the ticket or disputes only the fine amount, the matter is finished. However, if you choose to dispute the ticket, the court process handles witness-based evidence strictly:
- Witnesses Must Attend: Because the officer did not see the incident, the officer's testimony alone is not enough. The independent witnesses and the other driver will have to attend court to give evidence under oath at trial.
- The Verdict: The justice hearing the matter will decide if their evidence is reliable and sufficient for a conviction. If it is, you will be convicted. If not, or if the witnesses fail to show up, the ticket will be dismissed.
Before making a final decision on your trial, you should request disclosure. Specify to the police that you require copies of the statements made by those witnessing the incident. This allows you to know exactly what they will testify to at trial before you stand in front of a judge.
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