What People Get Wrong About Traffic Court in British Columbia
The Misconception: Traffic Tickets Are No Big Deal
Itâs a common belief that traffic tickets arenât a big deal. People think you
can just show up to court, tell your side of the story, and walk away with a
reduced fineâor better yet, that the officer wonât show up and the ticket will
be tossed. But traffic court in British Columbia doesnât work that way.
Traffic Court Is Real Court
The most important thing to understand is this: traffic court is a trial. There
are rules of evidence. There are procedures that must be followed. The
burden is on the prosecution to prove the case, and you have the right to
challenge that evidence. But that doesnât mean just standing up and
explaining your version of events.
If youâre representing yourself, youâre expected to understand and follow the
rules. That includes knowing when and how to cross-examine the officer,
when to make an application for no evidence or insufficient evidence, and
how to present your own evidence if needed. And if you decide to testify, you
will be cross-examinedâsometimes aggressivelyâby the police officer or
their proxy.
Donât Count on the Officer No-Showing
A lot of people think they can beat a ticket just by showing up and hoping
the officer doesnât. But even when the officer is unavailable, another officer
may attend on their behalf and ask for an adjournment. That request is often
granted, especially if the original officer is on leave or reassigned.
In many cases, the officer appears by telephone or video. You may not even
know theyâre âin courtâ until your name is called. The court does not
automatically dismiss the matter if the issuing officer is absent. In fact, in
some circumstances, other officers can prosecute the ticket, provided the
court allows it. A proper application must be made to dismiss for want of
prosecutionâand it may not be successful.
Traffic Tickets Carry Serious Consequences
In BC, enforcement may be inconsistent, but the consequences of a
conviction are not. Even a single traffic ticket can trigger a review of your
driving record by the Superintendent of Motor Vehicles. That review can
lead to a warning letter or a licence suspension.
Two tickets in a short period of time often trigger action. For Class 7
drivers, it can mean an automatic prohibition. And most tickets come with
Driver Penalty Points that add up quickly and lead to higher insurance
premiums.
Hiring a Lawyer Makes a Difference
Some people think they donât need a lawyer because âitâs just a traffic
ticket.â But that mindset often leads to preventable convictions. A lawyer
understands what the police have to prove and how to challenge that
evidence. Most of the time, when a lawyer defends you, you donât even need
to testify. The lawyer uses the officerâs own evidence to your benefit.
This also isnât the place to test your Charter arguments. Legal defences
involving unreasonable search and seizure or violations of procedural
fairness arenât easily argued by laypersons. Knowing what to say and when
to say it matters. And pleading guilty just to get a lower fine results in a
conviction and Driver Penalty Points. The fine may be the least of your
problems.
Itâs Not About Telling Your StoryâItâs About Defending Yourself
If youâve received a ticket, you have the right to dispute it and the right to a
trial. But that trial is a formal process, and itâs not designed to just let you
âtell your side.â The system is adversarial. You need to be prepared, or you
need to have someone in your corner who is.
Call UsâIt Costs Nothing to Ask
Before you decide what to do, call us. It costs nothing to talk to a lawyer at
BC Driving Lawyers. Weâve handled thousands of traffic tickets across the
province, and we know how to defend your rights. Whether youâre
considering fighting a ticket, weighing the consequences, or just want to
know your options, weâre here to help.