Can I dispute a ticket outside the 30-day limit?
When a peace officer issues a violation ticket the recipient can either pay it or they have 30 days to dispute it. But can you still dispute a ticket outside the 30-day limit?
Violation tickets are issued when an individual disobeys certain laws or regulations. Examples include traffic offences such as speeding and using an electronic device while operating a vehicle. Other tickets include anything from smoking indoors to trespassing to fishing without a licence. Some of the offences are provincial matters and others are managed at the federal level.
If you get a ticket, you effectively have three options:
Option 1: pay the ticket
If you receive a violation ticket, don’t ignore it. You can choose to pay it but it is important to remember that as soon as you pay the ticket you are effectively pleading guilty to the offence. Some people think they have to pay the fine before they can appeal the ticket and then they can get their money back. Perhaps this is because some fines, not necessarily for violation tickets, are cheaper if you pay them sooner.
Unfortunately, as soon as you pay for a violation ticket you admit guilt, you lose any right to appeal and the offence goes on your record.
Option 2: dispute the ticket within 30 days
If you want to dispute a violation ticket it’s important that you act fast. You have 30 days from the date you are served with the ticket to dispute it.
BC Driving Lawyers helps people with traffic ticket disputes and we can help you. To find out more call us for a free consultation on 604-608-1200.
Option 3: ignore the ticket (bad idea)
It is not a good idea to ignore a violation ticket. Burying your head in the sand and hoping it all goes away will come back to hit you. ICBC can withhold your driver’s licence if you have outstanding violation tickets – even if it’s for something unrelated to driving. Ignore a ticket for too long and it can prevent you from renewing your licence, refuse to issue a first-time licence as well as stop you from renewing your insurance.
With that said, what happens if you do neglect or forget to pay a fine within the 30 days? Are there any options still available?
Disputing a ticket outside the 30-day limit
This was exactly the situation in which Mr. Boissonneault found himself in a recent court case. He could not obtain a driver’s licence owing to the fact he had 48 unpaid violation tickets dating back to 2010. The fines, totalling $7,500 were mainly for failing to show proof of payment on public transit but also public intoxication and consuming liquor in public.
Mr. Boissoneault appealed to the Court to put the violation tickets back on the active docket so he could dispute them. He had accrued the tickets mainly during a period when “his life has revolved around multiple addictions to alcohol and hard narcotics”. The applicant was also homeless for three years.
While society had a “reasonable expectation” for Mr. Boissoneault to face consequences, the judicial justice said: “Justice without compassion likely renders it meaningless.”
The judicial justice also asked: “Would our society demand a pound of Mr. Boissonneault’s flesh, or to be exact $7,598.00 in total fines that became due and payable immediately upon a deemed conviction?”
Taking Mr. Boissonneault’s progress towards recovery and the fact he pleaded guilty to the violations into account, the Court allowed the application.
Disputing a ticket outside the 30-day limit
As discussed earlier, ICBC can withhold your licence if you have outstanding tickets.
For a guide on what to do if you just miss the 30-day limit, click here. In a nutshell, if you act quickly and can prove you have a good reason, it is possible to dispute a ticket outside of the 30-day limit.
Of course, the exceptional circumstances of this case will not apply to everyone. If you have missed a deadline, you should seek help from a layer. Call BC Driving Lawyers now on 604-608-1200.