If you’ve received a violation ticket under the Motor Vehicle Act in British Columbia, you have the right to dispute it. Disputing a ticket means you challenge the ticket and request a hearing to present your case to the Court. Here’s what you need to know about the violation ticket dispute process in British Columbia.
Reasons to Dispute a Ticket: There are several reasons you may want to dispute a ticket, including:
- You believe you’re innocent of the alleged violation;
- You believe the officer made a mistake when issuing the ticket; or
- You believe the ticket is unfair or unjustified.
Disputing a Ticket: To dispute a ticket, you must request a hearing. You can do this in person at a Service BC location or by mail. You must make your request within 30 days of receiving the ticket. If you don’t request a hearing within 30 days, you’ll be considered guilty of the violation and may have to pay the fine.
Preparing for the Hearing: Once you’ve requested a hearing, you’ll receive a notice of hearing with the date and time of your hearing. You’ll need to prepare your case and gather any evidence that supports your argument. You may also want to consider hiring a lawyer or legal representative to assist you. A hearing can become complicated and include the use and presentation of caselaw, evidence, a witness(es), and an expert witness(es).
At the Hearing: At the hearing, you’ll have the opportunity to present your case to the court. The Court will listen the Officer’s version of events. You will then be given the opportunity to cross-examine the officer on their evidence in an attempt to persuade the Court. The Court will then hear your argument and review any evidence you’ve provided. The Court may also ask you questions to clarify your position. After hearing your case, the Court will make a decision.
Possible Outcomes: The adjudicator may make one of three decisions:
- Dismiss the ticket – this means the ticket is dropped, and you don’t have to pay the fine;
- Uphold the ticket – this means you’re found guilty, and you’ll have to pay the fine; or
- Amend the ticket – this means the ticket is changed, and you may have to pay a different fine.
Disputing a ticket in British Columbia can be a lengthy process, but it’s your right to challenge a ticket if you believe it’s unfair or unjustified. If you decide to dispute a ticket, it’s important to be prepared, present your case well, and consider hiring a lawyer or legal representative. Remember, if you don’t dispute a ticket within 30 days, you may be considered guilty and have to pay the fine.
This article is intended to be informative and does not replace or constitute legal advice. No lawyer-client, advisory, or fiduciary or other relationship is created by viewing this article.
If you have questions about a violation ticket, require assistance with a violation ticket, or questions about another legal matter, contact Zachary Dallman for a complimentary consultation. You can book a consult through www.macushlaw.ca using our booking system or contact Zachary at [email protected] or 778.653.6163.