So I know some of us have tickets, and I seem to have a pretty good grasp of traffic court and ICBC so I thought Id make a thread with advice, rules, and just a place for people to post their own concerns if they feel fit
If its a matter that you dont want to be discussed publicly, Feel free to PM me or else talk to me at a meet
Ok so first thinks first, here is the rules book:
http://www.qp.gov.bc.ca/statreg/stat/M/96318_00.htmThe easiest way to avoid court and all the hassles that go along with it is to obey the MVA, of course we don't always do that...
Secondly, here is ICBC's interpretation of how it sees the MVA:
http://www.icbc.com/licensing/lic_fines_pen_fine_chart.aspAs many people know, some MVA infractions will carry points and fines
Driver Penalty Points (DPP) will be additional to any fines that are issued. The DPP premiums are assessed in the period 5 months before your birthday for a one year period; ie if your birthday is on June 8, your assessment period is January 8 to January 8. Any points accumulated in your assessment period will be compiled with previous points from previous assessment periods (not more than 5 years) to figure out how much you owe. ICBC will send you a nice letter 4 weeks before your birthday saying you owe X amount for DPP...This fine acts on your license, not your car insurance, therefore even though you may not have a car insured in your name, you will still have to pay.
How much you have to pay for DPP can be found using this chart:
http://www.icbc.com/licensing/lic_fines_pen_points_chart.aspNow a DPP Premium can be reduced by doing the following :
-Get suspended for more than 60 days
-Voluntarily give up your license for 30 days
*Any time you give up your license or get suspended, you will have to pay for a new one once you can/want to drive again ($17)...Keep this in mind if you go to clubs or smoke, as you will need a BC ID instead
You can also call ICBC (number will be at the bottom of the post) to find out how much the balance of DPP Premium will be if you lose your license/ Surrender for a certain amount of time
Suspensions:So there is a lot of confusion about suspensions, so here is the outline:
http://www.pssg.gov.bc.ca/osmv/publications/DriverImprovement.pdfSuspensions are warranted by the superintendent of motor vehicles, and they usually with take 3 actions when you are found guilty of a MVA infraction; Issue a Offense letter, Issue a Warning Letter, Issue a Probation, or Issue a Prohibition.
Offense letter are nothing too serious, Warning letters are just more serious offense letters and tell you you better change your driving habits, Probation letters tell you if you get another ticket your most likely going to be suspended, Prohibition letter mean you are being suspended.
Obviously the only one to focus here is the Prohibition letter. Usually a notice of intent is mailed out by the SIOMV in which you may submit written reasons as to why the adjudicator should not suspend you, or suspend you for a shorter term...This is not the time to make excuses, fess up, admit you have mistakes and assure them that you holding a valid license is crutial to your daily life. Valid reasons will vary based upon your own personal situation, but examples are you have to drive your frail grandmother to church each Sunday, you drive your brother to school, buses don't run in your area/at a certain time etc...
Honestly if you are in such a position as to where you are facing suspensions, it is in your best interest to read the PSSG article posted above.
For the most part, you will need 15 points before you get suspended on a Class 5, but the adjudicator can make exceptions based on a number of factor discussed in the article
Also, if you are charged and found guilty of 2 or more of "Driving with due care/consideration" or "Excessive speed" then you will be suspended for a minimum of 3 months
The government side of things:If you receive a violation ticket, you may pay it, dispute the allegation, or dispute the fine amount.
Pay within 30 days = $25 off as long as the ticket is for more than $58
Don't pay or dispute with 30 days = Guilty and must pay fine immediately
Disputes must be filed within 30 days, this can be done at a government office, ICBC center or by mail [url]http://www.icbc.com/licensing/lic_fines_pen_ticket_dispute.asp[url]
Disputes on the fine amount must be dealt with by either submitting a dispute, or by filling out a statement of written reasons as to by the ticketed amount should be reduced (You will be admitting guilt if you do this). If you so wish, you may appear in front of a judge to present your reasons but be advised that the amount of time alloted for this is brief.
There is a few scenarios that can occur on the date of your hearing:
Officer doesn't show up: Crown has no choice but to withdraw the charges
Officer makes a deal prior to walking into the courtroom with you: Rare and usually only done so if the officer doesn't feel confident in their case
You plead Guilty: Ask for time to pay and a reduced fine
Officer withdraws their case: RARE...Dont bank on it
You plead Not Guity: BE PREPARED!!!!
Ok so this is the most important part of this post, your hearing. Arrive a few minutes early and wait outside the courtroom. The officers that show up will call your name and ask to speak to you, this is their duty to explain the proceedings and what is going to happen on their part. They will always push reasons upon you to plead guilty and ask for a reduced fine...ALWAYS. Often they will use scare tactics and most of the time it works.
Firstly, Be nice. No need to be rude here as you will only piss them off more.
Secondly, take what the officer says in, but realize that they WANT you to plead guilty...They dont wanna have to give their statements and be subject to cross examination.
Lastly, if you are pleading not guilty, tell them that you have prepared a strong case with evidence and you are happy they showed up.
You will enter the courtroom and any officers that did not show up will have their tickets withdrawn by the judge. If your officer doesn't show up, the judge will call your name and dismiss you of all charges. DON'T SMILE AND DON'T BE ARROGANT!!!!
The next people to be dealt with will be people wishing to dispute the fine amount and ask for time to pay.
The last people to be dealt with will be those pleading not guilty
Pleading Not Guilty:Don't waste the courts time, if the officer had radar on you just plead guilty...its not worth embarrassing yourself
So the officer will first present their case on the stand and following that you will have an opportunity to cross examine them. Don't be afraid to ask a lot of questions and use a lot of time. With your questions, focus toward things that will raise reasonable doubt as to if you are guilty to the allegation.
After your done, it will be your turn to give your statement, and the officer may or may not cross examine.
Then come submissions as to your final thoughts...Keep it short and concise, focus on outlining that there is a significant amount of reasonable doubt as to if you are guilty of the MVA violation.
The judge will then render their verdict...Whatever it is don;t show emotion and thank them as you leave the stand.
Tips:The judge should be addressed as "Your worship" at all times...This formality will help
Take A LOT of notes while the officer is present their statement to the court, not only will it help your case in cross examination and your statement, but it will also somewhat distract them (especially if they rarely go to court).
When not taking notes, stare at the officer to make them nervous and show attentiveness
During Cross examination, DO NOT make statements...The judge will interrupt you and will only piss them off.
Try to not show your nervousness on the stand
Lay out all your notes and pictures on the stand - it will distract the officer even more during their statements as they will keep glancing over at them. It also show you have prepared
Questions for Cross Examination:It is gunna vary depending on your allegation, but questions that should almost always be asked are:
Are you a traffic enforcement officer?
What experience do you have in traffic related incidents?
How long have you been an officer for?
What were road conditions like?
What was your lane position?
Where did you first observe me?
What were you doing just prior to pulling me over?
Did you make through notes?
Would you remember the infraction and details without your notes?
Was your view of me obstructed by anything?
Obviously there will be more detailed questions depending on your situation, but all questions should somehow either attempt to trip the officer up, or create reasonable doubt.
Remember: It is the crowns responsibility to prove beyond a reasonable doubt that you are guilty.
Get a good nights rest before hand and above all, DO NOT PRAY THAT THE OFFICER DOES NOT SHOW UP!!!!!!!!!
A well prepared case with pictures of the surrounding area/ intersection and detailed notes and questions will ease nervousness and make your case more effective
Good Luck and Drive Safe
Important Numbers:
SIOMV: (250) 387-7747
ICBC Customer Contact: 604-661-2800
