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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 02-10-2016, 01:45 PM   #1
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Appearing at Court

I have a case for a traffic violation in which I am not guilty for. However the court room is in Merritt and I am located in Vancouver. Anyway I can transfer the court hearing to the lower mainland here?
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Old 02-10-2016, 01:47 PM   #2
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You may be able to appear via video but getting it transferred to Van will likely not happen. It's a shitty thing that in the past caused most people that got tickets going to and from Kelowna to just pay them rather than have to travel to dispute them. Now with Video courts I imagine it has changed things.

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Old 02-10-2016, 06:58 PM   #3
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Were you jaywalking?
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Old 02-11-2016, 06:02 AM   #4
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Normally, to dispute the VT, you have to attend the court who has jurisdiction for the area where the law was broken. Get ready for Merritt. If I gave a VT to a driver from Golden, while I worked in Port Hardy, should I have to go to Golden, taking about 5 day trip....and spend my work time travelling all over the province?

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Old 02-11-2016, 09:20 AM   #5
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The flip side of that coin is that should a person have to travel 5 days to dispute a ticket, losing work time which probably costs much more than the ticket just to dispute it?

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Old 02-11-2016, 11:26 AM   #6
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Quote:
Originally Posted by Berzerker View Post
The flip side of that coin is that should a person have to travel 5 days to dispute a ticket, losing work time which probably costs much more than the ticket just to dispute it?

Berz out.
The defendant voluntarily exposed themselves to that jurisdiction, granting the local courts with personal jurisdiction.

Forum convenience is generally decided on where the evidence is and not the economical burden on the defendant for having to travel to the court.
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Old 02-11-2016, 06:03 PM   #7
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Thank you for the information! Definitely help made my decision easier for this situation.
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Old 02-11-2016, 07:52 PM   #8
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curious, what happens if he didnt show up for the court date?
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Old 02-11-2016, 09:53 PM   #9
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curious, what happens if he didnt show up for the court date?
If he simply decides not to show up, it would be deemed uncontested then.-->Pay the full fine by a certain date. If he can prove that it's not his fault and he wasn't able to make it due to circumstances out of his control, he may be given another opportunity.
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