REVscene - Vancouver Automotive Forum

CrisQo · 03-09-2010, 04:22 PM

Do police need to personally hand me a reissued ticket? or just submitting it to icbc without my knowledge or chance to dispute good enough?

I got pulled over for speeding oct 28 2009, cop wrote the speeding ticket. we butted heads for awhile about him doing a vehicle search without my consent on the roadside, but after cooler heads prevailed he decided to tear up the speeding ticket and let me walk.

Dec 24 2009 he reissued the ticket without my knowledge which icbc said he claimed he sent me, or so they thought but were unclear. The date they recorded it was feb 17 2010, this going off my dpp invoice.

It seems a little unfair to go about it like that cause now I missed the 30 day dispute and have to tie up court time with TWO court dates. Icbc is sending me a copy of the ticket which I have to take to the court house and file an appeal for dispute, which if the judge approves, I'll have to go to court again to dispute

Soundy · 03-09-2010, 06:18 PM

He can't "send" you the ticket; it must be served IN PERSON, to you (or someone in your home, I believe). You should check with any roommates or family you live with to see if they accepted anything from a cop at the door; if there IS a new ticket, it's possible it was delivered to the house but not to you.

CrisQo · 03-09-2010, 09:56 PM

not a chance it was delivered to anyone in my apt. just me, wife and kid

Soundy · 03-10-2010, 04:45 AM

Well, the ticket isn't valid unless served in person, so I'd be insisting on proof that it WAS served to you (obviously there won't be any).

zulutango · 03-10-2010, 02:05 PM

If your signature is not on the ticket then he has to fill out the certificate of service on the reverse of the front page. It states that it was served to you. He also has to fill in the date served on the front of the ticket if it was different from the time the offence happened ie...at a later date and time. Substitutional service used to be permitted as long as the person it was served on appeared to be over 16 years old but that was removed from the VTs a long time back now.

skidmark · 03-10-2010, 07:26 PM

You would have a legitimate dispute in this case.

The place to start is at the court registry. Explain your story to show that you were convicted through no fault of your own. The conviction should be able to be set aside and a trial date set. At trial, you will have to examine the officer about service.

You may wish to take advantage of lawyer referral for advice on this.

CrisQo · 03-10-2010, 09:02 PM

thank you for the information to the three of you.