Ticket

[zoomerboomer]

He's in bad shape with his licence in jeopardy and insurance surcharges.  He should get counsel even if it's Duty Counsel or Legal Aid.  He can't take the points, apparently, and doesn't know the Court system.  I don't think he should be pleading guilty to anything until he knows and understands the consequences and weighs his options.  He apparently is on a probationary licence N, correct, and the total point or any at all may have severe repercussions.  The officer took a shotgun approach and laid everything available it would appear.  I don't know the details of the incident but I haven't heard him dispute the speculated version of what probably led to the 3 charges.  Anyone here a B.C. lawyer?  I know what I would do in Traffic Court here in Alberta!

[zoomerboomer]

I have no idea of the difference between a first appearance or a trial.  The judge listened to both sides and made his decision.  My "hearing" was done in 5 minutes 

There was a bunch of other waiting in the back rows waiting to dispute their ticket.   lolz

I love traffic court and by-law enforcement. LOL It's the closest thing to kangaroo court in the western world.  The Judge and officer coerce the accused!  Were you satisfied with the outcome? 
Here is results of pleading to any or all of the charges can really screw him up!

[zoomerboomer]

Here his results of pleading to any or all of the charges can really screw him up!  (corrected word)

[ladiesman217]

well with 6 points, you are going to be suspended. i'd say dispute the ticket, then hope for the cop to not show up..
if he does show up, then just plead guilty and try to negotiate not giving out points.
once u get suspended, ur N will restart and you will have to wait 2 years later..
i believe the court dates will be set at least 6 months after..so if ur class 5 test is within 6 months, just take the test, then pay for the ticket.
at least u dont have to wait 2 years to get ur class 5

[ladiesman217]

come to think of it, i should've disputed my ticket, so i don't have to wait 2 years to get my class 5. sigh

[Golddragoner]

come to think of it, i should've disputed my ticket, so i don't have to wait 2 years to get my class 5. sigh

lol I like that one give advise but don't use it

[M Speed]

Traffic offense is not a real court case. It is a "traffic violation hearing".Thus it is the Justice of Peace, cop, and accused. Unless it is a red light camera violation (back then road side photo radar), there is not prosecutor. Also there will be prosecutor for more serious offense (DUI, driving w/o licence, etc). The accused can get anyone to represent at the hearing. If you choose to use a legal representative, the accused need to advice the court X days before (I guess so they can assign a prosecutor?!). They can then amend the date if needed.

IIRC, the order of the hearing will be:

JP starts the session
JP ask both the officer and the accused to step forward to the respected desk/podium
JP ask the cop to present the case
JP ask accused to plead guilty or not guilty
JP ask cop for evidence(s)
JP ask accused to stays his/her case/evidence(s)
JP rules

[Ice_GT]

Just wanna add some stuff


JP starts the session
JP ask both the officer and the accused to step forward to the respected desk/podium
JP ask accused if he/she understands the charge
JP ask accused to plead guilty or not guilty

If accused plead guilty

JP ask the cop to present the case
JP ask accused why they did it, and what they want to do with the ticket, etc
JP makes decision, outcome depends on situation

If accused pleads not guilty

JP ask accused to have a seat at the desk
JP ask cop to go up to the stand and, and give his side of the story
JP ask accused if he/she wants to cross examine the cop
JP ask accused to take the stand, and give his/her side of the story
JP and cop cross examines you
Accused and cop can then state final summary/conclusion
JP makes decision

[M Speed]

Thanks Danny for filling in the missing details.....

[Ice_GT]

Anytime

Oh, and to the OP...you can always give the police officer a call and explain your situation.  Call the police station, and tell them you want your call transferred to the cop's voicemail (Tell them the badge number, it's written near the bottom of ticket)

Their attitude is sometimes different when they are on roadside and in the office.  He/she might be able to drop some charges or makes changes on the ticket before they submit it.  Give it a try.

I've done this before and it works (for car mods)

[StevieSpeed3]

well with 6 points, you are going to be suspended. i'd say dispute the ticket, then hope for the cop to not show up..
if he does show up, then just plead guilty and try to negotiate not giving out points.

Thats pretty poor advice.  If your gunna use the hearing, dont waste my tax dollars doing something that can be settled by filling out a written reasons form in 5 minutes at the courthouse.  Praying for the cop to not show up is not a wise choice, at least prepare a decent case, especially if your licience is at stake.  You will only piss the JJP (Judicial Justice of the Peace) off if you walk in pleading guilty without some damn good reasons as to why they should have some mercy.  Your still gunna get the points even if you get a reduced fine.  Remeber if your case is less than a year from the violation date (Probably wont be) then you can be tagged with more charges..

3 points and your getting suspended, so with 6 your gunna be suspended for awhile.  Check the thread sticked on the lounge for legal advice, theres links in there to the respective suggested suspensions the Superintendent of Motor Vehicles will apply to your specific case.

Honestly you need some professional advice, Everyone here and I can answer as many questions for you on the forum but you will still be lacking in knowledge of the proceedings and structure of our legal system.  Look up UBC legal aid, they have a system in place to help free (or at least cheap) for legal related matters.

btw Danny has the correct structure of the hearing in his post.

[StevieSpeed3]

O and I should mention if you plead not guilty and present a good case, even if your found guilty of all or part of the charges you can still ask for a reduced fine. 

I cant stress enough that you need to prepare!  JJP love giving hell to yound drivers that are arrogant, they have a big attitude problem with new drivers, and frankly I can see why they would justify the stigma.

[zoomerboomer]

Yes he should get legal advice.  So you don't have a prosecutor in Traffic Court in B.C.?
Thanks Ice_GT

[Ice_GT]

O and I should mention if you plead not guilty and present a good case, even if your found guilty of all or part of the charges you can still ask for a reduced fine. 

I cant stress enough that you need to prepare!  JJP love giving hell to yound drivers that are arrogant, they have a big attitude problem with new drivers, and frankly I can see why they would justify the stigma.

Yes, PREPARING your case is the most important thing you need to do

Police officers that are experienced are mostly prepared for their cases

When I went to court last week, the police officer answered more than half of my cross examination questions before I could even ask him.  Luckily I went into depth and had other stuff to ask

[zoomerboomer]

When I was in court in Merritt and Kamloops; they had a Prosecutor for provincial traffic offences. 
Is that only something they do when the accused is represented by counsel?  Do you know?  It was a JP sitting in both instances.

Quote by Ice_GT: Police officers that are experienced are mostly prepared for their cases

And oh so true, it isn't their first time!