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Motor Vehicle Violation Tickets

The Charge

The British Columbia Motor Vehicle Act (MVA) sets out a myriad of driving offences designed to promote road safety. The MVA and its Regulations set out rules to govern everything from the licencing and insurance requirements of drivers to speeding, careless driving and alcohol and drug related offences. While upon conviction, drivers are subject to fines, the real issue for drivers is that the Superintendent of Motor Vehicles, through RoadSafetyBC, will seek to prohibit drivers who have accumulated too many of the demerit points that go along with traffic ticket convictions. A small sampling of demerit point penalties are set out below, listed by Offence / MVA Section No..

2 POINTS

Fail to yield to pedestrian / 127 (1)
Red light at intersection / 129 (1)
Flashing red light / 131 (1)
Unsafe lane change / 151 (a)
Improper left turn / 166

3 POINTS

Fail to state name and address / 73 (2)
Speed against highway sign / 146 (3)
Cross solid double line / 155 (1)
Fail to pass safely / 157 (1)
Improper turn at intersection / 165 (2)

4 POINTS

Use of electronic device / 214.2

6 POINTS

Careless driving / 144 (1)(a)
Driving without reasonable consideration / 144 (1)(b)

10 POINTS

Driving while prohibited or suspended / 95
All Criminal Code driving offences

Because RoadSafetyBC will serve driving prohibitions for drivers who collect too many demerit penalty points, it sometimes becomes prudent to retain a lawyer to defend against a motor vehicle violation ticket. We can help drivers avoid being issued a Notice of Intent to Prohibit.

Recent Successes

R. v. A.S. – Vancouver Provincial Court

Charges: B & E, Fraud over $5000, Motor vehicle theft; Identity theft, Driving while prohibited (x2).
Issue: Given our client’s personal circumstances and rehabilitative efforts, what would be the appropriate sentence.
Result:  Mr. Johnston was able to persuade Crown to make a joint submission for time-served, followed by a period of probation. The Crown directed stays of proceedings on several charges.  After hearing Mr. Johnston's submissions on our client's behalf, the sentencing judge noted that he would have ordinarily imposed a lengthy jail sentence for an accused in our client's position, but he accepted the joint submission. No further jail.

R. v. M.A.K. – Vancouver Provincial Court

Charge: Possession of fentanyl and carfentanil for the purposes of trafficking.

Issue: Given the information Mr. Johnston provided to Crown counsel regarding our client’s personal circumstances and the circumstances of the alleged offence, whether it was appropriate to proceed with a criminal prosecution.

Result: Mr. Johnston was able to persuade the Crown that there were issues with respect to the Crown's evidence such that it was unlikely our client would be convicted at trial, and that there was insufficient public interest in continuing to prosecute our client in any case. Given this informaton, the Crown directed a stay of proceedings on the charge. No criminal record.

R. v. S.B. – Vancouver Provincial Court

Charge: Carrying a Concealed Weapon.
Issue: Given the information Mr. Johnston was able to provide to Crown counsel regarding the circumstances of the incident and our client's background, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Johnston persuaded Crown counsel that there was insufficient public interest, leading Crown to enter a stay of proceedings. No criminal record.

R. v. M.A. Insurance Fraud Investigation

Charge: Insurance Fraud Under $5000.
Issue: Given our client's rehabilitation and repayment of the disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

R. v. D.S. – Whitehorse Yukon Territorial Court

Charge: Section 810 Recognizance (Peace Bond) Application.
Issue: Whether the Informant could prove her allegations on a balance of probabilities.
Result: After Mr. Gauthier' communications with the Informant, she declined to advance the case and, on the day of the trial, the court withdrew the Application. No record.

R. v. E.N. – North Vancouver Provincial Court

Charge: Fraud Under $5000.
Issue: Given the information Mr. Gauthier provided to Crown counsel regarding our client's personal circumstances and the circumstances of the alleged offence, whether it was appropriate to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown that there wa sno substantial likelihood of a conviction resulting ultimately in Crown declining to approve a charge. No criminal record.

R. v. E.N. – North Vancouver Provincial Court

Charge: Mischief Under $5000.
Issue: Given the information Mr. Gauthier provided to Crown counsel regarding our client’s personal circumstances and the circumstances of the alleged offence, whether it was appropriate to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown that there was no substantial likelihood of a conviction resulting ultimately in Crown declining to approve a charge. No criminal record.

R. v. K.D. – Vancouver Provincial Court

Charges: Failing to Remain at the Scene of an Accident.
Issue: Whether our client's Charter rights were breached due to unreasonable delay.
Result: Mr. Mines was able to provide information to Crown counsel that ultimately caused Crown  to proceed against our client as the owner and not the driver of the vehicle. He plead to the lesser charge of Failing to Remain under the Motor Vehicle Act and received a fine, but no driving prohibition. No criminal record.

R. v. H.C. – Vancouver Provincial Court

Charges: Sexual Assault; Sexual Interference.
Issue: Whether the complainant held herself out to be at least 16 years of age and whether our client took reasonable steps to ascertain her age.
Result: Mr. Mines was able to provide information to Crown counsel on our client's behalf that established that our client did take reasonable steps to ascertain the complainant's age. In the result, Crown declined to approve any criminal charges. No criminal record.

R. v. A.L. – Vancouver Provincial Court

Charges: Tax Evasion (Excise Tax Act); Fraud Over $5000 x2.
Issue: Given our client's cooperation with the investigation, his civil settlement and his genuine remorse, whether a jail sentence was appropriate for this almost one million dollar tax evasion case.
Result: Mr. Mines was able to provide medical and financial information to Crown counsel that ultimately led Crown to proceed on the fraud charges rather than seeking an almost one million dollar mandatory fine under the Excise Tax Act. The Court accepted the joint submission for a 2 year less a day conditional sentence and probation. No jail.

R. v. A.R. – Vancouver Provincial Court

Charges: Assault (reduced to Peace Bond).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest continue with a criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to proceed with a Peace Bond rather than the criminal assault charge. No criminal record.

R. v. T.C. – Fraud Over $5000 Investigation

Charge: Fraud Over $5000.
Issue: Given the civil settlement of this $245,000 misappropriation from employer case, whether there was any interest in pursuing  a criminal investigation and prosecution.
Result: Mr. Johnson was able to negotiate a civil settlement and obtained a Final Release from the complainant. No criminal investigation occurred. No risk of jail or criminal prosecution.
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The Defence

One of our first considerations is the timing of any trial that we set. This is because the ICBC Driver Improvement Policy sets out generally that the number of penalty points accumulated over a 2-year period are to be considered when assessing whether a driver should be prohibited. For example, a Class 5 driver with no previous prohibitions will be served with a Notice to Prohibit for between 3 and 8 months when they reach 15 demerit points within 2 years. Thus, scheduling a trial date outside of the two-year window may be the best strategy to avoid accumulating too many points.

Defending a traffic ticket is much like defending a criminal charge. While traffic matters are considered to be “strict liability” offences in that the Crown need not prove that the driver intended to commit the offence, the police/Crown still have the burden of proving that the offence occurred beyond a reasonable doubt. When retained to defend traffic violation tickets, we will employ all of the same methods and strategies as we would for a criminal trial. For example, we will contact the relevant police agency to obtain the police report and officer’s notes relevant to the incident. We will prepare for trial by reviewing the allegation and, in appropriate cases, making you ready to testify in court. During the trial, we will cross examine the investigating officer with respect to issues like identifying you as the driver; and the officer’s ability to observe and remember facts such as traffic conditions, and the speed and actions of other vehicles. We have a great track record in Traffic Court for negotiating away convictions and penalty points as well as securing acquittals for our clients.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.

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