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Motor Vehicle Violation Tickets

The Charge

The British Columbia Motor Vehicle Act (MVA) sets out a myriad of driving offences designed to promote road safety. The MVA and its Regulations set out rules to govern everything from the licencing and insurance requirements of drivers to speeding, careless driving and alcohol and drug related offences. While upon conviction, drivers are subject to fines, the real issue for drivers is that the Superintendent of Motor Vehicles, through RoadSafetyBC, will seek to prohibit drivers who have accumulated too many of the demerit points that go along with traffic ticket convictions. A small sampling of demerit point penalties are set out below, listed by Offence / MVA Section No..

2 POINTS

Fail to yield to pedestrian / 127 (1)
Red light at intersection / 129 (1)
Flashing red light / 131 (1)
Unsafe lane change / 151 (a)
Improper left turn / 166

3 POINTS

Fail to state name and address / 73 (2)
Speed against highway sign / 146 (3)
Cross solid double line / 155 (1)
Fail to pass safely / 157 (1)
Improper turn at intersection / 165 (2)

4 POINTS

Use of electronic device / 214.2

6 POINTS

Careless driving / 144 (1)(a)
Driving without reasonable consideration / 144 (1)(b)

10 POINTS

Driving while prohibited or suspended / 95
All Criminal Code driving offences

Because RoadSafetyBC will serve driving prohibitions for drivers who collect too many demerit penalty points, it sometimes becomes prudent to retain a lawyer to defend against a motor vehicle violation ticket. We can help drivers avoid being issued a Notice of Intent to Prohibit.

Recent Successes

R. vs. M.M. - Courtenay Provincial Court

Charges: Sexual Assault (police investigation).
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to persuade police that it was in the parties' best interest and not contrary to the public interest to resolve this matter through Restorative Justice. No charges were approved. no criminal record.

R. vs. A.V. - Vancouver Provincial Court

Charges: Fraud Under $5000 (police investigation).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to assist our client to make civil restitution and to persuade police to not recommend any criminal charges. No charge was approved. No criminal record.

R. vs. J.P - North Vancouver Provincial Court

Charges: Assault; Breach of Undertaking (domestic).
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed.
Result: Mr. Johnson was able to persuade Crown counsel to stay all of the criminal charges and to allow our client to enter into a peace bond. No jail. No criminal record.

R. vs. F.K. - Vancouver Provincial Court

Charges: Dangerous Driving; Obstruct/Resist Arrest (Reduced to MVA charge).
Issue: Whether the Crown would be able to prove that our client had the necessary element of  intent for a criminal conviction.
Result: Mr. Mines was able to persuade Crown counsel to proceed on a lesser charge under the Motor Vehicle Act of speeding relative to the road conditions. Our client was sentenced to a driving prohibition. No criminal record.

R. vs. E.Z. - Vancouver Provincial Court

Charges: Assault with a Weapon; Possession of a Weapon for a Dangerous Purpose.
Issue: Whether there was a substantial likelihood of a criminal conviction.
Result: Mr. Mines was able to persuade Crown that there were flaws in the evidence and that a conviction was highly unlikely. No charges were approved. No criminal record.

R. vs. G.M.G. - Vancouver Provincial Court

Charges: Assault; Theft Under $5000.
Issue: Whether our client was acting to defend his spouse when he physically engaged with the complainant.
Result: Mr. Mines was able to provide further evidence to Crown counsel which persuaded Crown that there was no substantial likelihood of a conviction. Complete stay of proceedings. No criminal record.

R. vs. B.M. - New Westminster Provincial Court

Charge: Sexual Assault.
Issue: Whether there was merit in moving forward with the prosecution.
Result: Mr. Johnson was able to provide information to Crown counsel that led to Crown concluding there was no substantial likelihood of a conviction. Stay of proceedings. No jail. No criminal record.

R. vs. D.M. - Burnaby RCMP Investigation

Charges: Sexual Interference; Invitation to Sexual Touching; Assault.
Issue: Whether the evidence would lead to charges being approved.
Result: Mr. Mines was able to guide our client through the police investigation and to ultimately persuade the investigating officer that the evidence of the complaint was not reliable. No criminal charges were forwarded to Crown counsel.

R. vs. S.A. - Vancouver Provincial Court

Charge: Assault Causing Bodily Harm (Reduced to Peace Bond).
Issue: After directing our client through a course of self rehabilitation, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to stay the criminal charge upon our client being placed on a peace bond. No criminal record.

R. vs. S.K. - North Vancouver Provincial Court

Charge: Driving while Prohibited.
Issue: Whether our client would be sentenced to the mandatory minimum 12 month driving prohibition.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser charge of driving without a valid drivers license. Our client was sentenced to a fine. No driving prohibition.

R. v. P.Z. - North Vancouver RCMP Investigation

Charges: Sexual Interference; Invitation to Sexual Touching; Assault.
Issue: Whether the evidence would lead to charges being approved.
Result: Mr. Mines was able to guide our client through the police investigation and to ultimately persuade the investigating officer that the evidence of the complaint was not reliable. No criminal charges were approved.

R. vs. N.D. - Port Coquitlam Provincial Court

Charges: Invitation to Sexual Touching (x2).
Issues: To what extent the court would consider our client's remorse and rehabilitation when passing sentence.
Result: Notwithstanding that our client was in a position of trust and the Crown had originally sought a sentence of 12 months jail, Mr. Mines was able to persuade Crown counsel and the Court that the appropriate sentence was 90 days, to be served on weekends.

The Defence

One of our first considerations is the timing of any trial that we set. This is because the ICBC Driver Improvement Policy sets out generally that the number of penalty points accumulated over a 2-year period are to be considered when assessing whether a driver should be prohibited. For example, a Class 5 driver with no previous prohibitions will be served with a Notice to Prohibit for between 3 and 8 months when they reach 15 demerit points within 2 years. Thus, scheduling a trial date outside of the two-year window may be the best strategy to avoid accumulating too many points.

Defending a traffic ticket is much like defending a criminal charge. While traffic matters are considered to be “strict liability” offences in that the Crown need not prove that the driver intended to commit the offence, the police/Crown still have the burden of proving that the offence occurred beyond a reasonable doubt. When retained to defend traffic violation tickets, we will employ all of the same methods and strategies as we would for a criminal trial. For example, we will contact the relevant police agency to obtain the police report and officer’s notes relevant to the incident. We will prepare for trial by reviewing the allegation and, in appropriate cases, making you ready to testify in court. During the trial, we will cross examine the investigating officer with respect to issues like identifying you as the driver; and the officer’s ability to observe and remember facts such as traffic conditions, and the speed and actions of other vehicles. We have a great track record in Traffic Court for negotiating away convictions and penalty points as well as securing acquittals for our clients.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.