REVscene - Vancouver Automotive Forum

ali36 · 08-05-2010, 12:38 AM

Hi guys so here's my story.

In May 2009 I received a 1 ticket for 2 Offenses which I believe adds up to 5 points.

Description of Offenses
Speeding = $138 not sure but I think its 3 points
Changing lanes over solid line = $109 not sure but I think its 2 points

I disputed the ticket right away and I got my court date a year later. Its next week August 11th 2010.

Now in November 2009 I got another ticket for not displaying my N sign. From what I no there are no points for this. I ended up paying it.

Here are my questions...

Assuming the cop does show up would I be able to talk to him before hand and admit to the offenses if the points were dropped?
Is there a chance of getting my license suspended?
If you were in my situation how would you go about doing this?

I don't mind paying the fine as I sort of deserved it. If I could some how get the points waved it would really help as my insurance is pretty expensive and I pay my own tuition. On top of that in order for me to work I need my license. Any help is appreciated guys =)

zulutango · 08-05-2010, 07:12 AM

The courts and the Police can do nothing about the points. That is the exclusive concern of the Supt. of Motor Vehicles as they assign them according to the MV regs. They only way that points would not be assigned under normal and legally prescribed circumstances is if you were not convicted. By the sound of things you will have 5 points assigned when you are convicted and that usually means a short prohibition in the range of 1 to 3 months. Those here who have had similar convictions could better tell you how long they got.

ali36 · 08-05-2010, 07:21 PM

I see... I managed to re-book my class 5 road test for August 17th. If I paid the ticket in full a day before my court date and then passed my class 5 road test on the 17th would the points be erased since I'm going from a class 7 to class 5? Also the points for this ticket who does it affect? The car was insured under my dads name and I was driving it at the time. Do the 5 points go on my license because I was driving or my dads?

All comments appreciated

wing_woo · 08-05-2010, 10:43 PM

The points go to the driver and your points don't get magically erased just because you get your Class 5. However, it requires more points for you to be suspended on a class 5 than a Class 7. Regardless, if you get your class 5 and you still get suspended, at least you will still have a class 5 after the suspension ends.

sebTeggy · 08-05-2010, 11:57 PM

Hahaha here is my advice. Just delay all ur tickets till u have a class 5. If uget your n suspended u have to wait two more years for a class 5. I would plead guilty to the speeding and claim it was a bad judgement call or it was safely necessary to cross the solid yellow. I know if u are avoiding an accident and you cross it then u might get off the hook.

Also pleading guilty to the speeding might make it more believable that u did the rightthing.

Another tip. Dont talk to th cop before hand. He will try to get u to confess and it does u know good. He is not in charge of your points or your fee price. Ask the judge for a reduced price and show her your studen card. Tell her you learned your lesson as they have the power to dismiss more than an officer
Posted via RS Mobile

sho_bc · 08-06-2010, 06:15 AM

Quote:

Originally Posted by sebTeggy

Another tip. Dont talk to th cop before hand. He will try to get u to confess and it does u know good. He is not in charge of your points or your fee price. Ask the judge for a reduced price and show her your studen card. Tell her you learned your lesson as they have the power to dismiss more than an officer
Posted via RS Mobile

That is bad advice in most cases. We hold in our hands the [bulk of the] evidence that we will present in court. We can, and often do, wheel & deal with a disputant prior to going before the JJP.

In some ways, we do have a say in fine amount. Remember that what is written on the ticket is usually the MINIMUM for the offence committed. Fines can be raised by the JJP to as high as $2000 depending on the situation/driving history. If the driving history shows repeated infractions of the same kind, I will usually ask for the fine amount to NOT be lowered (and in some cases raised), as the amount on the ticket obviously hasn't worked in the past.

If we give a break roadside (say, the fine amount for 0-20km/hr over the limit instead of 21-40km/hr over) and end up going to trial, we give evidence to the speed you were going. The JJP makes decisions/findings based on the evidence given, and if you're found guilty of going 21-40km/hr over the limit, the higher fine amount applies and the break given roadside is nul and void.

jlenko · 08-06-2010, 08:18 AM

Quote:

Originally Posted by sebTeggy

Another tip.

... don't listen to sebTeggy.

And dude... learn to type. And don't try and blame the phone either, your grammar stinks as well.

BallPeenHammer2 · 08-06-2010, 11:51 AM

What about tickets for things like no seat belt, etc, where there would be no video/photographic or measuring evidence?

The reason I ask is becuase the other week I got one on the way to work, but my belt was on. I think the officer thought I didn't becuase the jacket I was wearing was the same colour as the belt. I'm disputing that one because I wasn't in the wrong, but am wondering about that.

sho_bc · 08-06-2010, 12:02 PM

I strongly recommend requesting disclosure of the notes to find out exactly what the officer believed they saw. Different people go about describing their observations different ways, and each vehicle presents a different set of observations needed. For example, on Mercedes SLKs, the seatbelt tensioner is mounted very low/at the seat and makes it difficult to view "the triangle" formed by the B-pillar, the seatbelt strap as it crosses your chest from the B-pillar and the bottom which would generally be the doorsill line.

BallPeenHammer2 · 08-06-2010, 12:25 PM

oh mine you can't see the little triangle line (well you can but it's always the same). it's a 2 seater (pontiac sunfire) with a little loophole on the side of the seat so it's ALWAYS there, and it always look the same, with or without the seatbelt being used. I think it was just bad timing, lighting and clothing on my part

mkchoi0801 · 08-06-2010, 02:12 PM

To the OP I think you're out of luck. I don't know if the no N ticket counts towards an infraction, but technically you can't take your class 5 for 2 years after. I actually don't know how long it takes for ICBC to register that under your record, but by now it should be there and they won't allow you to take the road test.

Also, your court date is earlier than your road test, so if you do get convicted, you'll probably get suspended afterwards for 1-3 months and wait another 2 years anyways.

For me, I got a ticket worth 5 points in May then passed the road test soon after, then paid for the ticket. So far I haven't got any suspension mail... but we'll see.

ali36 · 08-06-2010, 09:31 PM

If I got to court do they have the ability to suspend my license right there on the spot IF the cop shows up?

ali36 · 08-06-2010, 10:05 PM

I actually may have to change my court date because someone at work just quit. I scheduled it off a while ago but since someone quit my manager is telling me I must come in. If I'm able to change it then the new date will probably be past August 17th which is the day of my class 5 test.

On this website: http://www.ag.gov.bc.ca/courts/ticke...o/faq.htm#mean

It says ....

What if I am unavailable for the hearing date?

You may apply to a justice for an adjournment. As soon as you learn that you are unable to attend the scheduled hearing, you must complete, sign and file an application to adjourn a hearing form (PTR818). The form must identify the legitimate reason you are unable to attend your hearing.

The application to adjourn a hearing may be mailed to the Violation Ticket Centre or filed at any court registry. After a justice considers the application, you will be notified of the results by mail. Where time permits, it is advisable to contact the Violation Ticket Centre or court registry to confirm the status of your application, particularly if submitted within close proximity of the hearing date.

Which possibly means I may still be able to get it moved. I also did a lot of reading and if there was a comment just recently that said this...

I've been in your situation.
Was N
had 1 prior ticket
got a 2nd one like 2month before a class 5 Test.
disputed the 2nd ticket,
took the class 5, Passed.
got a court date for the ticket
plead guilty and paid the ticket

Result: no suspensions + time to pay the ticket

I'm almost in the same situation as that, not exactly though. If I could change my court date I could basically do what that guy did or I could not go to work and get written up for pulling a no show.

CRS · 08-07-2010, 03:19 PM

Apply for an adjournment but at the same time, you need to realize you can only do this ONCE. You need to also keep in mind that it may or may not get approved. If it isn't approved, you will need to show up or you will be found guilty.

Five-Oh · 08-08-2010, 09:31 AM

When I go to traffic court I am generally willing to make deals with people prior to entering the court room. If I have given a person two tickets I may be willing to drop one if the person doesn't have that bad of a driving record, they were/are polite at scene and at the day of the court room, and if they understand what they have done wrong and admit to having made a mistake or an error in judgement.

I can't speak for what this officer will be willing to do, but he may allow you to plead guilty to one and then he will call no evidence on the other count. This will cut down on the amount of points you will receive.

sebberry · 08-08-2010, 05:06 PM

Quote:

Originally Posted by Five-Oh

When I go to traffic court I am generally willing to make deals with people prior to entering the court room. If I have given a person two tickets I may be willing to drop one if the person doesn't have that bad of a driving record, they were/are polite at scene and at the day of the court room, and if they understand what they have done wrong and admit to having made a mistake or an error in judgement.

Just out of curiosity, if the driver has committed an offense why "wheel and deal" with him at all?

Perhaps this explains the microscopic number of tickets issued to people who can't turn into the proper lane and why people continue to demonstrate such sloppy driving.

Tillerz · 08-08-2010, 11:20 PM

Quote:

Originally Posted by Five-Oh

When I go to traffic court I am generally willing to make deals with people prior to entering the court room. If I have given a person two tickets I may be willing to drop one if the person doesn't have that bad of a driving record, they were/are polite at scene and at the day of the court room, and if they understand what they have done wrong and admit to having made a mistake or an error in judgement.

I can't speak for what this officer will be willing to do, but he may allow you to plead guilty to one and then he will call no evidence on the other count. This will cut down on the amount of points you will receive.

i also have experience with this and would recommend you do this.

I had a ticket with 2 charges on them.
before the court opened (waiting outside the room to go in) you talk to your police officer, and he asks your plea.

I said i was pleading guilty and just wanted a fine reduction.
I threw the offer on the table that i am willing to pay the first offense in full if he was willing to drop the second count.

He did drop the second count and i only plead guilty to the first offense and fully paid that.

but then again only one of my charges was points(the one i paid for), other was vehicle related. and it is really up to the officer if he is willing to drop the charge.

If he is willing to drop the 2point charge, then you wont be suspended on the 3 point ticket, unless you have prior points.

CRS · 08-08-2010, 11:31 PM

Quote:

Originally Posted by sebberry

Just out of curiosity, if the driver has committed an offense why "wheel and deal" with him at all?

Perhaps this explains the microscopic number of tickets issued to people who can't turn into the proper lane and why people continue to demonstrate such sloppy driving.

Because a guilty plea is far quicker and simpler than having to go through an entire trial. It saves the officer's time and the court's time. Not to mention, speedy resolutions that work for both parties are always good.