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Old 09-26-2007, 11:16 PM   #1
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Seeking some advice thanks! :)

Hello ,


First of all, thanks for reading my post hopefully my writing isn't too hard to understand. I have also searched and read many of the posts here . Anyway here it goes,

On Sep 25th, 2007, which was yesterday, I received a "Failed to obey stop sign" ticket on Kingsway Ave and Grange St. I was doing roll stop towards the stop sign and did a shoulder check even though there was absolutely no car on Kingsway before the traffic light on Inman Ave I believe. The cop pulled me over and gave me a ticket for not stopping fully. I know not stopping fully is completely my fault so paying the fine and accepting points is perfectly fine for me.

Because I'm still an N driver, and I'm only a month or two away from my class 5 test which is Dec 17th, 2007 and I got a speeding ticket earlier this year around March/April going 80 on 60 Marine drive and Knight St which gave me a lesson never ever driving 80 again. My driving instructor told me to dispute the ticket around the 25th day of the 30 days duration for ticket disputing then take the test on 17th of december. Then later when the court thing comes, I can plead guilty then have the points added to my class 5 instead of 7.

Here are just some concerns I hope someone can clear up for me

1). So I'll be disputing the ticket around October 20th not because I want to fight the ticket, do you think I'll have enough time frame to make it to my class 5 test date(Dec 17th) before the court thing comes?

2). I also found out that the cop made a mistake on the offense date which is not in the shaded area. He wrote down 2009/9/25 instead of 2007. Will this make some difference in validity of the ticket? or anything else?

3). Can someone possibly give me some average time wait for the court date from the date of disputing?

4). Say if I pass the class 5 on Dec 17th and recieve a court date notice in January. Can I pay off the fine and receive the points before the court date therefore attending the court becomes unecessary since I plead guilty?

5). Just one last favor to ask, does anyone know the procedures of what they do after you dispute the ticket? like they mail you a notice saying you will be attending the court then mail you another for court date. I'm not so sure about it so just want some confirmation

Thanks for the help! and please don't get my wrong, I have learned lessons from all the mistakes and am willing to pay the fine and take the suspensions if it comes. I'm just wanting to finish my GLP program and I have waited years for Dec 17th.

I think majority of my questions may have been asked numerous times, but I did search and read many of the similar posts and these questions still exist in my head. Please don't flame me for this

Thanks again!
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Old 09-26-2007, 11:56 PM   #2
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When I went to ICBC driver center to dispute the front window tint ticket (I don't have front window tint), the lady told me 6 months to a year. Also, if the date is wrong by that much, then I think the validity can be called in question as you can't get a ticket for an offence that hasn't happened yet. You might be lucky on that one, but you also have to check to ensure it's not because it was written messily as well and what looks like a 9 to you might look like a 7 to someone else.
If you get your class 5, I believe that you can just go to ICBC driver's center and pay the fine and they'll cancel the court date, but I'm not 100% sure.
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Old 09-27-2007, 12:05 AM   #3
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Yeah, I'd get the cop in court and then ask him to prove he's psychic
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Old 09-27-2007, 12:42 AM   #4
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alright, i was in the same boat.



what u do:

1.fight ticket on the 20-25th day or w.e, just goto one of those icbc express places, go in tell them you wish to dispute (just look on back of ticket)

2. your court date should be 6month-1 year from now.

3. u get your notice in the mail saying your court date is january-april (dosent matter as long as its after decmber 17th.) IF they screw you and it is before hand say decmber 6th (i doubt this). follow up with getting a adjurnment (make court date later)

4. take road test and pass

5. court date comes up, go there, ask for fine reduction if you must, i would recomend just paying the ticket and not waisting the courts time.

6. your found guilty, you have your class 5, you will most probally get a letter in the mail after teh court date and will say your suspended for however many months (probally 1-3).

7. A.) suck it up and take suspension with a smile on ur face because you are a class 5 driver now and after this, you will stil be a class 5 driver. you wont have to re-do 2 years on your "N".

B.) write superintendent a letter stating how you have proved yourself to be a class 5 driver, and ect...... maybe he will shorten or cancel.


need anything else just ask, hopefully this makes sense, its late, i have worked 16hours and its time for bed ( you owe me 20minutes of lost sleep...lol) your also a fellow eclipse owner, so i figured i would help ya out



good luck

Last edited by cody69; 09-27-2007 at 12:43 AM.
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Old 09-27-2007, 01:25 AM   #5
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First of all, thank you all for replying my questions very quickly I really appreciate the help.

Quote:
Originally posted by wing_woo
When I went to ICBC driver center to dispute the front window tint ticket (I don't have front window tint), the lady told me 6 months to a year. Also, if the date is wrong by that much, then I think the validity can be called in question as you can't get a ticket for an offence that hasn't happened yet. You might be lucky on that one, but you also have to check to ensure it's not because it was written messily as well and what looks like a 9 to you might look like a 7 to someone else.
If you get your class 5, I believe that you can just go to ICBC driver's center and pay the fine and they'll cancel the court date, but I'm not 100% sure.
Yeah, for the similarity for 7 and 9 I checked his other writing in other fields. His writings are very neat and 7 and 9 are totally different. The seven is exactly written like "7" so is the "9". Oh well, not like I will be trying to dismiss the ticket since what I did was wrong anyway

Quote:
Originally posted by cody69

alright, i was in the same boat.



what u do:

1.fight ticket on the 20-25th day or w.e, just goto one of those icbc express places, go in tell them you wish to dispute (just look on back of ticket)

2. your court date should be 6month-1 year from now.

3. u get your notice in the mail saying your court date is january-april (dosent matter as long as its after decmber 17th.) IF they screw you and it is before hand say decmber 6th (i doubt this). follow up with getting a adjurnment (make court date later)

4. take road test and pass

5. court date comes up, go there, ask for fine reduction if you must, i would recomend just paying the ticket and not waisting the courts time.

6. your found guilty, you have your class 5, you will most probally get a letter in the mail after teh court date and will say your suspended for however many months (probally 1-3).

7. A.) suck it up and take suspension with a smile on ur face because you are a class 5 driver now and after this, you will stil be a class 5 driver. you wont have to re-do 2 years on your "N".

B.) write superintendent a letter stating how you have proved yourself to be a class 5 driver, and ect...... maybe he will shorten or cancel.


need anything else just ask, hopefully this makes sense, its late, i have worked 16hours and its time for bed ( you owe me 20minutes of lost sleep...lol) your also a fellow eclipse owner, so i figured i would help ya out



good luck
Thanks for the info! They were extremely helpful and sorry for stealing your 20 minutes of sleep lol. Offtopic though, you also drive a 4th gen eclipse? you don't happen to drive the liquid silver one with oem kit do you?

Thanks again for the replies!

Ah, just one more question, for the mistake on the date, will the people at the ICBC center care or mention about it when I go in there and dispute? or only when its brought up to the judges will make some differences?
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Old 09-27-2007, 09:09 AM   #6
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Honestly, if I was going to dispute the ticket, I would bring that up to judge. It actually might get thrown out right away. I remember someone posting that the officer accidentally put the year the offender was born in instead of the current year and the ticket got thrown out.
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Old 09-27-2007, 11:07 AM   #7
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Quote:
Originally posted by wing_woo
Honestly, if I was going to dispute the ticket, I would bring that up to judge. It actually might get thrown out right away. I remember someone posting that the officer accidentally put the year the offender was born in instead of the current year and the ticket got thrown out.
Make sure you don't speak or talk to the cop before the hearing starts. They can make changes to the ticket and whatever before then. Keep your case (ie arguement) to yourself and present it to the judge. Only speak about the case during the hearing and not anytime before, unless you're looking for a reduction + pleading guilty.
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Old 09-27-2007, 01:30 PM   #8
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Quote:
Originally posted by CRS
Make sure you don't speak or talk to the cop before the hearing starts. They can make changes to the ticket and whatever before then. Keep your case (ie arguement) to yourself and present it to the judge. Only speak about the case during the hearing and not anytime before, unless you're looking for a reduction + pleading guilty.
One guy posted with this experience; the cop asked him why he was disputing and he said it was because the date was incorrect. The cop checked his notes, voided that ticket and issued a new one with the proper date. At that point, he was SOL.
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Old 09-27-2007, 02:09 PM   #9
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Quote:
Originally posted by CRS
Make sure you don't speak or talk to the cop before the hearing starts. They can make changes to the ticket and whatever before then. Keep your case (ie arguement) to yourself and present it to the judge. Only speak about the case during the hearing and not anytime before, unless you're looking for a reduction + pleading guilty.

the copy could have done it AFTER too.
cop has 1 yr to serve you, so once he lost or ticket gets thrown out, the cop look at the old ticket, copies the same details, and mail it to you.
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Old 09-27-2007, 07:05 PM   #10
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Re: Seeking some advice thanks! :)

Quote:
Originally posted by xpandabl3
I was doing roll stop towards the stop sign
There's no such thing as a rolling stop. Stop means a complete cessation of movement. Period.

Quote:
1). So I'll be disputing the ticket around October 20th not because I want to fight the ticket, do you think I'll have enough time frame to make it to my class 5 test date(Dec 17th) before the court thing comes?
Very likely.

Quote:
2). I also found out that the cop made a mistake on the offense date which is not in the shaded area. He wrote down 2009/9/25 instead of 2007. Will this make some difference in validity of the ticket? or anything else?
If he can convince the JP it was sloppy penmanship it will still fly as 2007. If you can convince the JP that is genuinely says 2009 you probably have a point.

[quote]3). Can someone possibly give me some average time wait for the court date from the date of disputing?[/quote}

Call the court registry where you will be having the dispute and ask them. They'll probably give you some idea.

Quote:
4). Say if I pass the class 5 on Dec 17th and recieve a court date notice in January. Can I pay off the fine and receive the points before the court date therefore attending the court becomes unecessary since I plead guilty?
Yes.

Quote:
5). Just one last favor to ask, does anyone know the procedures of what they do after you dispute the ticket? like they mail you a notice saying you will be attending the court then mail you another for court date. I'm not so sure about it so just want some confirmation
You get a notice of hearing in the mail once and that's it. It's up to you to attend or arrange for an adjournment.
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Old 09-28-2007, 03:38 AM   #11
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Quote:
Originally posted by CRS
Make sure you don't speak or talk to the cop before the hearing starts. They can make changes to the ticket and whatever before then. Keep your case (ie arguement) to yourself and present it to the judge. Only speak about the case during the hearing and not anytime before, unless you're looking for a reduction + pleading guilty.
Making changes to the ticket prior by the officer is incorrect. No one can change the facts of what happened. The cop will only admit this in court that it was a mistake. The judge has the option of throwing it out, but most likely he will see it's a minor mistake and that the situaition is clear of what's being address at the moment. This is not a murder case where time and place is of significant important to a person's life. This is a traffic violation. Disputing means simply you disagree with what was address to you by the officer, and you want your case heard by a higher authority of the law. You are not there to say the cop is psychic and merely to defend youself that your action was, as you know, permisable by law. Altho I am not a lawyer, I would guess the cop would not bother changing it even if he can, because it's an obviousy mistake, but doesn't really change why he gave you the ticket in the first place.
Caution: It is also possible for the officer to ask for an additional penalty for your actions during court. It happened to a buddy of mine for going to court for a $375 ticket (which was huge at that time), and instead, the cop ask for a suspension of licence due to the fact of excessive speeding an endangering others...the judge jacked his licence for 1 yr.

Last edited by BurnSomeCds; 09-28-2007 at 03:41 AM.
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Old 09-28-2007, 03:54 AM   #12
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Re: Re: Seeking some advice thanks! :)

Quote:
Originally posted by skidmark There's no such thing as a rolling stop. Stop means a complete cessation of movement. Period.

I think a rolling stop refers to when you come to a "complete cessation of movement" AFTER you've passed the stop sign. Or at least that's what most people call a rolling stop.
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Old 09-28-2007, 09:14 AM   #13
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Quote:
Originally posted by BurnSomeCds
Making changes to the ticket prior by the officer is incorrect. No one can change the facts of what happened. The cop will only admit this in court that it was a mistake. The judge has the option of throwing it out, but most likely he will see it's a minor mistake and that the situaition is clear of what's being address at the moment. This is not a murder case where time and place is of significant important to a person's life. This is a traffic violation. Disputing means simply you disagree with what was address to you by the officer, and you want your case heard by a higher authority of the law. You are not there to say the cop is psychic and merely to defend youself that your action was, as you know, permisable by law. Altho I am not a lawyer, I would guess the cop would not bother changing it even if he can, because it's an obviousy mistake, but doesn't really change why he gave you the ticket in the first place.
Caution: It is also possible for the officer to ask for an additional penalty for your actions during court. It happened to a buddy of mine for going to court for a $375 ticket (which was huge at that time), and instead, the cop ask for a suspension of licence due to the fact of excessive speeding an endangering others...the judge jacked his licence for 1 yr.
It can go either way, really - we've seen lots of examples here where the ticket was thrown out on a minor technicality, even when it was something so silly as a misspelled name or a wildly incorrect date.

The thing is, that ticket is a *legal document*. It is the cop making a legal declaration that he is accusing the recipient of doing a certain thing at a certain time in a certain place. There has to be some accountability for accuracy, for the cop being sure of his facts and the events he's claiming to have witnessed, or it opens the door to all manners of abuses of the system.
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Old 09-28-2007, 11:32 AM   #14
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Quote:
Originally posted by BurnSomeCds
Making changes to the ticket prior by the officer is incorrect. No one can change the facts of what happened. The cop will only admit this in court that it was a mistake. The judge has the option of throwing it out, but most likely he will see it's a minor mistake and that the situaition is clear of what's being address at the moment. This is not a murder case where time and place is of significant important to a person's life. This is a traffic violation. Disputing means simply you disagree with what was address to you by the officer, and you want your case heard by a higher authority of the law. You are not there to say the cop is psychic and merely to defend youself that your action was, as you know, permisable by law. Altho I am not a lawyer, I would guess the cop would not bother changing it even if he can, because it's an obviousy mistake, but doesn't really change why he gave you the ticket in the first place.
Caution: It is also possible for the officer to ask for an additional penalty for your actions during court. It happened to a buddy of mine for going to court for a $375 ticket (which was huge at that time), and instead, the cop ask for a suspension of licence due to the fact of excessive speeding an endangering others...the judge jacked his licence for 1 yr.
Quote:
Originally posted by Soundy
It can go either way, really - we've seen lots of examples here where the ticket was thrown out on a minor technicality, even when it was something so silly as a misspelled name or a wildly incorrect date.

The thing is, that ticket is a *legal document*. It is the cop making a legal declaration that he is accusing the recipient of doing a certain thing at a certain time in a certain place. There has to be some accountability for accuracy, for the cop being sure of his facts and the events he's claiming to have witnessed, or it opens the door to all manners of abuses of the system.

Last edited by CRS; 09-28-2007 at 11:32 AM.
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Old 10-08-2007, 10:58 AM   #15
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as an btw

I had disputed a minor ticket i was 100% wrong on over a year ago due to my Driver license missing last digit on the ticket.

I havnt heared anything back... not even a court date. usually 7 months is what it takes for that to be setup but im almost year and a half after the dispute.
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Old 10-08-2007, 05:03 PM   #16
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Quote:
Originally posted by eg0r
as an btw

I had disputed a minor ticket i was 100% wrong on over a year ago due to my Driver license missing last digit on the ticket.

I havnt heared anything back... not even a court date. usually 7 months is what it takes for that to be setup but im almost year and a half after the dispute.
There was a time frame where the records of all tickets issued were lost. Maybe urs was during this tme, and as of now, your mistake.... never happened. lol....
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Old 10-08-2007, 11:51 PM   #17
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Quote:
Originally posted by xpandabl3
First of all, thank you all for replying my questions very quickly I really appreciate the help.

Thanks for the info! They were extremely helpful and sorry for stealing your 20 minutes of sleep lol. Offtopic though, you also drive a 4th gen eclipse? you don't happen to drive the liquid silver one with oem kit do you?

naw man, i got a 3rd gen - red one with black rims, wingswest kit and wing, spiky haired white kid driving usually with loud music - thats me...lol
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Old 05-27-2008, 04:48 PM   #18
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I know this was last year's news, but I just thought I would update this in case someone in the future has the same questions.

So on the 25th of the 30 days period allowing for disputing, I went to ICBC and the lady told me the ticket has been cancelled by the officers. I asked her to double check just to make sure it's my ticket that was cancelled. Couple weeks later I took the class 5 test and passed. I also received a mail from ICBC saying the ticket was cancelled due to incorrect date but the officer has the right to re-issue me the ticket if he wants to according to the mail. In the end I guess I was just lucky
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Old 08-08-2009, 03:41 AM   #19
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I was ticketed sometime in august of last year ( dont have the copy of the ticket on me ),
and i recently recieved letters for the courtdate however it STATES my offence date was committed in september (which is totally wrong).

did somebody screw up? is this grounds for dissmissal during court?
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