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

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Old 04-04-2011, 12:25 AM   #1
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Quick question - Should i dispute or not?

Im currently a Class 7 N driver, on probation (well i think im still on probation atleast)
i got pulled over tonight with an extra passenger, i decided to drive my friend home (the extra passenger) because it was pissing rain, then i got pulled over
the cop gave me a ticket with "driving contrary to restrictions,"

i know the reason for over-passenger doesnt matter, but the question i have is
i'm 3 months away from being able to take my class 5 test

should i dispute the ticket, or just let it sit there until im done my class 5 test?
reason I am asking is because if I am on probation, I would get suspended for almost anything related to the motor vehicle act, if I dispute it would I get suspended again? or should I just leave it here and pay the ticket after I get my class 5? or simply dispute it, and wait for a LONG time (you know how our system is delayed especially with offences like this) which by the time I have court I should be class 5?

thanks
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Old 04-04-2011, 12:57 AM   #2
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after 30 days, by not entering a dispute you are assumed to have plead guilty to the offense. the ticket is entered into the system and the monetary (and possibly points) punishment is put into place.

if you want to do your class 5 test before the ticket is applied, dispute the fine on the ticket (not the actual offense, as you admitted to having the extra passenger and should pay the fine) that way you can take the test, and still pay the fine later on.
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Old 04-04-2011, 04:59 AM   #3
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Simple answer: DO NOT DISPUTE.

You're on probation, you decided to take the chance and break the
law (just cause it was pissing rain), and now you want to cheat the system too?
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Old 04-04-2011, 11:03 AM   #4
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dispute dispute dispute

i had 6 tickets in dispute. 2/4 got dropped and one date was for two that i forgot about so i didn't show up..

but i still got my class 5

Last edited by skidmark; 04-04-2011 at 05:10 PM.
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Old 04-04-2011, 01:31 PM   #5
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You can dispute it and then take your test and if you pass, go and pay the ticket off or wait for the dispute. Basically, wait till you pass your Class 5. That way, even if you get suspended you've paid off the ticket (or after being found guilty at the dispute), you already have a Class 5 and don't have to do the N again after the suspension.

However, make sure you file the dispute before your 30 days are up.
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Old 04-04-2011, 03:20 PM   #6
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if you are gonna dispute, DO NOT dispute for the fine, because once you do so, it automatically means you are guilty, and it will show up on your record and you WILL get suspended. Dispute the allegations, that way you are guaranteed to get your Class 5. It will probably take 10-14 months to get your court date, and since your class 5 test is only 3 months away, that is your safest bet.
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Old 04-04-2011, 08:27 PM   #7
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what is the time frame for a "fair" trial i remember reading somewhere that you could pretty much say that its not a fair trial due to it taking WAY to long or something like that ?
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Old 04-04-2011, 09:21 PM   #8
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if you are gonna dispute, DO NOT dispute for the fine, because once you do so, it automatically means you are guilty, and it will show up on your record and you WILL get suspended. Dispute the allegations, that way you are guaranteed to get your Class 5. It will probably take 10-14 months to get your court date, and since your class 5 test is only 3 months away, that is your safest bet.
yes you plead guilty to the violation, but nothing is entered into the system until after you go to court and they decide the value of the fine.
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Old 04-04-2011, 10:55 PM   #9
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Quote:
Originally Posted by NismoNX View Post
Im currently a Class 7 N driver, on probation (well i think im still on probation atleast)
i got pulled over tonight with an extra passenger, i decided to drive my friend home (the extra passenger) because it was pissing rain, then i got pulled over
the cop gave me a ticket with "driving contrary to restrictions,"

i know the reason for over-passenger doesnt matter, but the question i have is
i'm 3 months away from being able to take my class 5 test

should i dispute the ticket, or just let it sit there until im done my class 5 test?
reason I am asking is because if I am on probation, I would get suspended for almost anything related to the motor vehicle act, if I dispute it would I get suspended again? or should I just leave it here and pay the ticket after I get my class 5? or simply dispute it, and wait for a LONG time (you know how our system is delayed especially with offences like this) which by the time I have court I should be class 5?

thanks
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Old 04-05-2011, 08:18 AM   #10
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You know the loophole, whether you use it or not is up to you.
I believe you are confusing "loophole" with "due process".

Quote:
Originally Posted by baggdis300 View Post
what is the time frame for a "fair" trial i remember reading somewhere that you could pretty much say that its not a fair trial due to it taking WAY to long or something like that ?
Additionally there is no set time frame for an unreasonable trial delay. It has generally been established in common law between 17-19 months, but you have to show appropriate prejudice.
Sometimes if you bring it up before the JP, if it has been longer than 18 months, they may (rare... and I've never stumbled across it happening in BC, usually ON) dismiss the case.
The most common (and correct method) to tackle unreasonable delay is a Charter 11(b) motion. This can be a slightly complicated route to take, and be prepared to present your case in provincial court in front of his Honour, not a JP. Highly recommended you contact a lawyer for any legal matters.

Last edited by Bainne; 04-06-2011 at 09:49 AM.
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Old 04-05-2011, 12:47 PM   #11
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Hard to justify an unreasonable delay on the Accused's part seeing as though he is the one benifiting from the delay to obtain his class 5 to avoid suspension.

his Honour is very strict in cases like these. His Honour will straight up ask you what hardship this delay has caused and I haven't heard a good one. Realistically you're better off dealing with his Worship than his Honour.
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Old 04-06-2011, 04:06 AM   #12
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Quote:
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I believe you are confusing "loophole" with "due process".

Additionally there is no set time frame for an unreasonable trial delay. It has generally been established in common law between 17-19 months, but you have to show appropriate prejudice.
Sometimes if you bring it up before the JP, if it has been longer than 18 months, they may (rare... and I've never stumbled across it happening in BC, usually ON) dismiss the case.
The most common (and correct method) to tackle unreasonable delay is a Charter 11(b) motion. This can be a slightly complicated route to take, and be prepared to present your case in provincial court in front of his Honour, not a JP. Highly recommended you contact a lawyer for any legal matters.
We are not talking about unreasonble delay here. We are talking about the op disputing the offense to buy himself time to obtain a class 5 license. Don't know why people are talking about violation of the Charter all of a sudden.
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Old 04-06-2011, 08:17 AM   #13
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We are not talking about unreasonble delay here. We are talking about the op disputing the offense to buy himself time to obtain a class 5 license. Don't know why people are talking about violation of the Charter all of a sudden.
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Clearly you never even bothered to read the full thread....about 5 posts up

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what is the time frame for a "fair" trial i remember reading somewhere that you could pretty much say that its not a fair trial due to it taking WAY to long or something like that ?
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Old 04-06-2011, 09:16 AM   #14
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Clearly you never even bothered to read the full thread....about 5 posts up
But wasn't he quoting what the OP was asking and the answers were pointing him to disputing and getting his class 5 before the court date? Isn't that the loophole he's talking about.
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Old 04-06-2011, 11:20 AM   #15
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When i was on probation i disputed my ticket, got my class 5 before the court date, everything went better then expected. Dispute.
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Old 04-06-2011, 10:06 PM   #16
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Clearly you never even bothered to read the full thread....about 5 posts up
which was thread-jacking post unrelated to what the OP was asking.
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Old 04-08-2011, 12:27 AM   #17
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Im thinking you should dispute because sometimes the officer wont show.

But should one dispute for a lower fine or the allegations that the law was broken????
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