REVscene - Vancouver Automotive Forum

ecchiecchi · 09-02-2011, 08:54 PM

Just wondering for those who disputed their tickets, what's how long is the date usually between the date you dispute vs the court date?

wing_woo · 09-02-2011, 11:10 PM

1 year

CRS · 09-03-2011, 08:46 AM

Quote:

Originally Posted by wing_woo

1 year

About a year to year and a half.

xilley · 09-12-2011, 10:17 AM

8 months - a year usually

cho · 09-12-2011, 10:26 PM

I have a date in 2 weeks, ticket dates back to Jan 09
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Mazdarx · 09-23-2011, 12:50 PM

Mine have always been roughly a year give or take a little.

xpl0sive · 09-23-2011, 03:16 PM

if it takes longer than a year to get a court date, without you postponing it, you can make a charter argument and get the ticket thrown out because it took so long for a court date

CRS · 09-23-2011, 03:52 PM

Quote:

Originally Posted by xpl0sive

if it takes longer than a year to get a court date, without you postponing it, you can make a charter argument and get the ticket thrown out because it took so long for a court date

Hmm no... I believe the current precedent for a charter argument is 2 years.

xpl0sive · 09-23-2011, 03:59 PM

here's some case law...
ticket was thrown out after 14 months of waiting

CanLII - 2009 BCPC 57 (CanLII)

CanLII - 2009 BCPC 135 (CanLII)

the second one is very clear about how long is too long for a trial date

"I find that the applicant has made out all the elements from the Morin decision with respect to what I must consider to find there has been an unreasonable delay. I find that in this case, 13 months and three weeks is an unreasonable delay to get from the date of the offence, of such a minor offence, to a hearing."

"It appears to me that the government has decided to save financial resources by somehow operating a central system for dealing with ticket disputes which it appears has led to a long delay in the matters being heard before the court. I accept what the Supreme Court of Canada said that individuals who are dealing with minor offences should not have to compromise their right to a speedy trial because the government decides it is going to do what is most efficient for them, without taking into account the stress and prejudice this brings to individuals dealing with what are in many cases very minor traffic offences in many cases, which is specifically the case here.

Therefore, I find that the delay is unreasonable in all the circumstances and a judicial stay of proceedings is appropriate. I direct a judicial stay of proceedings be entered in this matter."

Acuracura · 09-23-2011, 05:01 PM

There is more to it than just the time limit. If you read the entire case law, there are 4 elements that must be met for unreasonable delay in trial. Then there is the decision from the Judge regarding the societal impact which means if it's important enough it can be deemed a breach yet still continue on with the trial.

Szeto · 09-23-2011, 05:35 PM

Quote:

Originally Posted by Acuracura

There is more to it than just the time limit. If you read the entire case law, there are 4 elements that must be met for unreasonable delay in trial. Then there is the decision from the Judge regarding the societal impact which means if it's important enough it can be deemed a breach yet still continue on with the trial.

+1

It also depends on how your judge defines "reasonable amount of time" between the date VT is issued and the scheduled court date. For example, if the average waiting period is 8 months in BC and you got your court date scheduled in 14 months then you could apply the charter 11b(?) argument with a good chance that it will be deemed a reasonable request to dismiss the trial.

I would recommend that you do some research on fighting speeding ticket as there are numerous sites that gives you in-depth knowledge.

xpl0sive · 09-23-2011, 10:13 PM

Quote:

Originally Posted by Acuracura

There is more to it than just the time limit. If you read the entire case law, there are 4 elements that must be met for unreasonable delay in trial. Then there is the decision from the Judge regarding the societal impact which means if it's important enough it can be deemed a breach yet still continue on with the trial.

well considering most people's tickets arent huge impacts on society, i think there's one criteria met. the other 3 you just have to say that this wait has impacted your recollection of the events therefore you cannot provide a valid defense... pretty easy.

s300ae · 09-23-2011, 10:19 PM

This is interesting. I'm disputing a ticket from AUG 2010. Still no date set.
Knowing my luck I'll get it on Monday. It would be nice to get a retired judge to join RS and provide his expertise.
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Acuracura · 09-23-2011, 11:07 PM

Quote:

Originally Posted by xpl0sive

well considering most people's tickets arent huge impacts on society, i think there's one criteria met. the other 3 you just have to say that this wait has impacted your recollection of the events therefore you cannot provide a valid defense... pretty easy.

If the accused has a lengthy record with numerous disputes in the past it may change that. Meaning there is a greater impact on society. Also the accused should know better to make notes to assist in recollection of events as he has gone through the process before. Also what date was the dispute filed and what date did the accused actually start to prepare a defense because he has a year to prepare. These issues would need to be brought up by Crown but could sway the decision of the Judge.

SupraTTturbo2jz · 10-01-2011, 09:38 PM

i was wondering, what is it like in court to dispute ticket, should i dress nicely? what do i have to do once i enter the court/ what to say?

s300ae · 10-02-2011, 03:32 AM

I'd advise to put on something other than jeans and tshirt. The more professional you look the better. It shows you take it seriously.
Once you find your court room, if your officer shows up, he will explain everything to you.
You may even discuss your options with him. You dont have to speak to him if you think you have a good chance of winning. You don't want to reveal any information that he does not already have.
Before you go into the court room, there are legal aids available to assist you as well.
Once in the court room, your name will be called up and you'll take the stand with the officer.

If the officer does not show, you still have to go inside the court room. Once inside, the judge will call your name, and If the officer does not respond, the judge will let you go.

Just be polite. If you plead guilty, there is a good chance you'll get your fine reduced and you'll be asked how long you need to pay it.
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Acuracura · 10-02-2011, 10:50 AM

Best is to just go to the court house a week or two ahead of time and observe the process.