Receiving a traffic ticket can be frustrating, especially if you believe it was issued in error. The process of disputing a ticket in British Columbia may seem daunting, but it is certainly doable. While this information is intended to be a helpful starting point, it is not a substitute for legal advice, so be sure to reach out to a professional if needed. Laws can change, and your specific situation may require professional counsel.
We’re looking at a practical overview of how to navigate the dispute process in British Columbia.
Understanding Your Ticket
The first step is to carefully examine the ticket itself. In British Columbia, most traffic tickets are Provincial Violation Tickets and these include common offences like speeding, distracted driving, and failing to stop at a stop sign. Parking tickets, however, are often Municipal Tickets issued by a specific city, or parking contractor that the city uses to monitor parking lots. The process for disputing a provincial ticket differs from that of a municipal ticket, which is also different from a parking company, so it's important to know which you have.
For most provincial tickets, you have a period of 30 days from the date the ticket was served to file a dispute. This is a strict deadline, and missing it can result in you being deemed to have pleaded guilty, which means you will be liable for the fine. The timeframe for a municipal ticket or parking contractor ticket is often shorter, so be sure to check the back of the ticket or the issuing municipality's website for specific instructions.
The Three Paths to a Dispute
When you have a provincial violation ticket, you generally have three options for moving forward.
Disputing the Allegation: This is the most common option if you believe you did not commit the offence. Choosing this path means you will be scheduled for a hearing in provincial court to present your case.
Pleading Guilty with an Explanation: If you acknowledge that you committed the offence but believe there were mitigating circumstances, you can ask for a reduction in the fine or more time to pay it. This is done in writing and may allow you to resolve the matter without having to attend a court hearing.
Disputing an Intersection Safety Camera Ticket: These tickets are unique because they are issued to the registered owner of a vehicle, not necessarily the person driving at the time of the offence. The dispute process is similar to a regular ticket, but your reason for disputing may be that you were not the driver.
The Dispute Process: A Step-by-Step Guide
Step 1: File Your Dispute
Regardless of which path you choose, the first step is to file a formal dispute within the deadline. You can do this in a few ways, either online, in person, or by mail.
Online: For many provincial tickets, you can now file your dispute online. In BC, you can file your dispute at tickets.gov.bc.ca/.
In Person: You can file a dispute at any provincial court registry or an ICBC driver licensing office that provides driver and vehicle services. Be sure to bring your original ticket with you.
By Mail: You can mail a completed Notice of Dispute form or a letter containing your ticket number and personal information to the address provided on the ticket. This is a slower process, so be mindful of the 30-day deadline.
If you are pleading guilty with an explanation, you must also fill out the Violation Ticket Statement and Written Reasons form and include it with your dispute. This form allows you to provide a written explanation for the circumstances of your offence. If your request is approved, you may avoid a court appearance.
Step 2: Preparing for a Hearing (if applicable)
Once your dispute is registered, the Provincial Court Registry will send you a Notice of Hearing by mail. This notice will provide the date, time, and location for your court appearance. This process can take several months so be sure to keep the notice in a safe place.
Once you have your hearing date, you can begin to prepare by gathering evidence, witnesses, and a disclosure statement.
Gathering Evidence: Collect any notes, photos, dashcam footage, or other documents that support your case.
Witnesses: If there were any passengers or bystanders who witnessed the incident, ask if they would be willing to testify on your behalf.
Disclosure: You have the right to request a copy of the police officer’s notes and other evidence from the Crown. This is often done by writing a formal letter to the police detachment that issued the ticket.
Step 3: What to Expect in Court
On the day of your hearing, arrive early and dress in business-like attire. The hearing will be held in Provincial Court and is presided over by a Judicial Justice of the Peace, not a judge and jury. The atmosphere is generally less formal than what is portrayed in television or film.
The hearing will usually proceed as follows:
The Officer's Testimony: The officer who issued the ticket will be the first to speak. They will be sworn in and will explain their perspective of the event.
Cross-Examination: You will have the opportunity to ask the officer questions about their testimony. This is a chance to point out any inconsistencies or clarify details.
Your Testimony: After the officer is finished, you will have the opportunity to present your side of the story and introduce any witnesses or evidence you have.
Final Statements: Both you and the officer will have the opportunity to give a brief summary of your arguments before the Judicial Justice of the Peace makes a decision.
Always maintain a calm, practical, and respectful demeanour throughout the hearing.
Do you need driver training to dispute a ticket?
While driver training is not a legal requirement for most drivers going through a ticket dispute process in British Columbia, it can be a strategic move, especially if you are not disputing the charge itself but rather seeking leniency.
Taking a recognized driver training program shows a Judicial Justice of the Peace that you are not only accepting responsibility for your actions, but you are also proactively taking steps to become a safer and more responsible driver. This kind of self-improvement can be seen as a strong mitigating factor. It demonstrates a commitment to change, which may be viewed favorably by the court.
If you are pleading guilty with an explanation, including proof of recent driver training, such as a completion certificate or receipt, can strengthen your request for a reduced fine or an extended payment period. Similarly, if you are in court for a hearing, you can mention the training as part of your testimony to show you're serious about preventing future offenses.
While it won't guarantee a dismissal of your ticket, taking a driver training course can be a powerful way to show the court that you are willing to change your behaviours, which could lead to a more favourable outcome.
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While the process of disputing a traffic ticket requires effort and patience, a successful outcome can save you money on fines, prevent demerit points from being added to your driving record, and help keep your insurance rate from increasing. Taking the time to understand your rights and the correct procedure can be a worthwhile endeavour.
Looking for more helpful driving tips? From learning How To Earn a Safe Driver's Discount and Other Savings on Your Insurance to adopting the 5 Safe Driving Habits of Experienced Drivers, our other blog posts offer practical advice for a better driving experience.