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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 11-27-2010, 11:08 AM   #1
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Offense idate and Conviction date, to which do points apply?

I searched and could not find my answer

When do points apply? The date you are convicted in court (assuming you disputed the ticket) or your offense date (the date you got the ticket)?

Someone is telling me offense date....but aren't you innocent until proven guilty? Then shouldn't you be charged with the points (and the fine) on the date of your hearing?

ICBC's website is no help either.

Thanks
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Old 11-27-2010, 11:11 AM   #2
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the date you are convicted in court, or the date you pay the ticket, if you pay it (thereby pleading guilty)...or 30 days after the offence was committed, if you don't dispute or pay beforehand.
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Old 11-27-2010, 11:19 AM   #3
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where is the source of that information?

I can't find it anywhere! thanks



EDIT: you are incorrect. I just called ICBC. The points are distributed ON THE OFFENSE DATE, if you lose the dispute. If the dispute date is out of your assessment period, they will do a 25month scan points.

Good information, things I didn't know.

Last edited by Nechako87; 11-27-2010 at 12:03 PM.
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Old 11-27-2010, 12:24 PM   #4
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Then you have been given incorrect info.

ICBC cannot see that you have had a ticket until a conviction has gone through. It is not processed within the ICBC system until then (meaning you either paid, lost in court, or went past 30 days w/out disputing).

They cannot distribute points for something they don't know about.

Points are given after a verdict has been given on said charges on the VT, and sent through the ICBC system for processing to put into a driver's record.
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Old 11-27-2010, 01:14 PM   #5
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Quote:
Originally Posted by Nechako87 View Post
where is the source of that information?

I can't find it anywhere! thanks



EDIT: you are incorrect. I just called ICBC. The points are distributed ON THE OFFENSE DATE, if you lose the dispute. If the dispute date is out of your assessment period, they will do a 25month scan points.

Good information, things I didn't know.
That's wrong.

Otherwise people will dispute a ticket/offence and just use the court date period as a grace period for free driving.

It doesn't make any sense.

Every one else's post so far is correct.
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Old 11-27-2010, 01:25 PM   #6
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They said they backtrack the points to the DATE of the offense.

I called them and got this information, I cannot find anywhere in the MVA which states the otherwise.

I would like to side with you, but this is out of the horses's mouth

EDIT: CRS, re-reading your post....it sounds like you are agreeing with my post? Yes, if the points were distributed on the court date, then the driver could use the period from his offense to his court date as a "free driving' period? That's why the points are distributed on the offense date.

Last edited by Nechako87; 11-27-2010 at 01:31 PM.
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Old 11-27-2010, 01:49 PM   #7
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Quote:
Originally Posted by Nechako87 View Post
They said they backtrack the points to the DATE of the offense.

I called them and got this information, I cannot find anywhere in the MVA which states the otherwise.

I would like to side with you, but this is out of the horses's mouth

EDIT: CRS, re-reading your post....it sounds like you are agreeing with my post? Yes, if the points were distributed on the court date, then the driver could use the period from his offense to his court date as a "free driving' period? That's why the points are distributed on the offense date.
Not siding with you.

It is the day you are convicted that you start your penalty. This is true for all laws.

If you are accused of say committing murder, your sentencing starts the day you are convicted. Not the day you committed murder. Otherwise people who committed murder 20+ years ago can just admit it and get away scotch free.

Subsequently, you can apply the time you were in jail to your prison sentence. But at this point, I'm straying away from what I mean to say.

So again. It is NOT the offence date that matters. It is the day you are convicted/admit guilt/pay fine where you will start whatever penalty is subject to you.

The person who told you that information is most likely incorrect, misunderstood what you wanted to know, or poorly communicated the information to you.
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Old 11-27-2010, 02:11 PM   #8
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I see, thanks for the explanation.

Do you think you can point me to where I can back that up? BC Laws doesn't explicitly say that anywhere, and although that concept is pretty cut+dry, I would like to see it in writing.
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Old 11-27-2010, 11:43 PM   #9
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im pretty sure icbc doesn't really care until after the court date because they let me take my class 5 with 4 tickets in dispute...
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Old 11-28-2010, 12:24 AM   #10
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call ICBC and ask them. Why do you need it in writing?

It's common knowledge.
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Old 11-28-2010, 12:28 AM   #11
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Quote:
Originally Posted by BallPeenHammer2 View Post
call ICBC and ask them. Why do you need it in writing?

It's common knowledge.
he did, and was given incorrect information.
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Old 11-28-2010, 12:46 AM   #12
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IDK if he was given incorrect information or not... ICBC is pretty f'd in how they apply their own rules...

They could very well do it just as described... to screw you all over even more!
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Old 11-28-2010, 12:51 AM   #13
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Quote:
Originally Posted by Bath Tussue View Post
he did, and was given incorrect information.
If it is incorrect information (I would like it to be), where would I look to prove to them that the date of conviction is the date of point distribution?

Lots of people say I'm wrong, but there is no where (that I found) in the MVA that state otherwise.

Quote:
Originally Posted by jlenko View Post
IDK if he was given incorrect information or not... ICBC is pretty f'd in how they apply their own rules...

They could very well do it just as described... to screw you all over even more!
ICBC works in mysterious ways.....
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Old 11-28-2010, 01:01 PM   #14
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Quote:
Originally Posted by Bath Tussue View Post
he did, and was given incorrect information.
what i meant (sorry, wasn't very clear), to ask icbc to see if they can direct him to somewhere where he CAN get the rules of points application in writing.
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Old 11-28-2010, 01:02 PM   #15
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i also don't believe u can find the answers in the MVA. The MVA don't have info on ICBC applies their own penalties (I think)
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