Notice of hearing and some questions...
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Thread: Notice of hearing and some questions...

  1. #1
    Registered User Array Human's Avatar
    Join Date
    Feb 2002
    2001 ZX6R

    Notice of hearing and some questions...

    Well folks last year, I got like 4 tickets for various stuff in a matter of 2 weeks, 3 of them by the same cop.

    I disputed them all, and have received 2 "notice of hearing date"

    I was wondering how I can apply for an ajournment ?

    also i would like to know where I can find out what the sections I have be charged means... I have a 33(1) and a 146(3)


    I know there are moany threads on fighting tickets, and I did do a BCSB search....

  2. #2
    Get outta the fast lane!! Array westvan_dude's Avatar
    Join Date
    Feb 2003
    W. Van (obvious aint it?) LOL
    04' Suzuki SV1000S, 01' BMW K1200LT, 94' Suzuki Intruder 1400
    Surf the ICBC website and search for "point premiums" or "points" and it shows the basic motor vehicle laws.

    I don't think you can get an adjournment without a lawyer and that costs money. A month before your court date go to the issuing court (Vancouver, etc) and say you'll be out of the country and need a new date. They will likely give you a new date right away. Generally that gives you a 50/50 chance of the cop not showing up. Plead not guilty and you get off. Cop shows up you're screwed. When they originally schedule your court date they schedule each cop and those people they ticketed for the same day. If it's only you showing up on another day the cop will likely not show because he'll be working his beat or have a day off. You can also go to the cop shop where the cop works (whatever city it's in) and apply to get copies of the cop's paperwork concerning your ticket. This will give you the cop's notes which they write for each ticket to remind them of the events when they come to court. Do a search on this site for more information.

  3. #3
    Registered User Array Miteorite's Avatar
    Join Date
    Feb 2002
    Richmond, BC
    Call the court house, tell them you cannot appear on the date set. They should be able to reschedule. I believe they won't give you any trouble the first time you do that.

  4. #4
    Registered User Array
    Join Date
    May 2002
    West Vancouver
    '79 Honda 500SE<- Joke, I have a nice bike
    Dude human how did you fail to produce? Were you unlicenced at the time?


  5. #5
    Passer of Harps Array Scheme's Avatar
    Join Date
    Aug 2002
    750, 600, 400
    We just had a discussion about this at the NBI tonight. From what i understand, in order to file for an ajournment you need a letter sent off by a lawyer which will cost you unless you happen to know a lawyer...

  6. #6
    independent Amsoil dealer Array chromedome's Avatar
    Join Date
    Aug 2002
    2007 Harley Nightrain
    33 ( 1 )

    Every person , except

    a) a person driving or operating a motor vehicle exempted under section 2 (5) or section 8 or 10 or

    b) a person driving or operating a motor vehicle of a fire Dept. of a municipality

    must have his or her drivers licence and drivers certificate and a motor vehicle liability insurance card or financial responsibility card , issued for the motor vehicle he or she is driving or operating , in his or her possession at all times while driving or operating that motor vehicle on a highway, and must produce the licence, certificate and card for inspection on demand of a peace officer.

    146 (3)

    If the minister of Transportation and Highways has caused a sign to be erected or placed on a highway limiting the rate of speed of motor vehicles or a category of motor vehicles driven or operated on that portion of Highway , a person must not, when the sign is in place on the highway, drive or operate a vehicle on that portion of the highway at a greater rate of speed than that indicated on the sign for the category of motor vehicle.

    Hope this helps.

  7. #7
    Version None Array Krunk's Avatar
    Join Date
    Apr 2002
    97 GSXR 750
    For an adjournment, you don't need a lawyer.

    You do need to contact the court registry where the dispute is being held well in advance of the hearing date, though. A valid, proveable excuse is usually a pre-requisite, however, depending on the registry, this is not always the case.

    If you wait until the hearing date, you can also ask the justice of the peace for an adjournment. Here what you do need is a good reason, that can be proved. Non- disclosure of pertinent information by the enforcement officer when you can prove that you have asked for this information well in advance of the hearing date would be one good example. I have seen this happen, and have used it myself.

    I believe that it is normal procedure for the courts to grant one adjournment to a defendant, however, it is usually pre-emptory on the fact that you MUST attend on the next scheduled court date. You can't play this game forever. The same courtesy is usually granted to the Crown.

    All that being said, good luck in court, Human. I don't know how you'd beat a fail to produce charge, but wish you the best of luck. Let us all know how it goes.
    Diary of a Serial Thriller.

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