Missed a Traffic Ticket Deadline in BC? Here’s What You Can Do
Getting a traffic ticket in British Columbia is frustrating—but what happens if you miss the deadline to dispute it? Or if you dispute the ticket, but don’t show up to your hearing?
Whether life got in the way, or you simply forgot, there may still be a way to fight your ticket, even after the deadline.
The 30-Day Rule: Disputing a Traffic Ticket
In BC, you have 30 days from the date your ticket is issued to dispute it. If you don’t act within that window:
You’re automatically found guilty of the offence(s) on the ticket.
The conviction goes on your driving record.
You may face additional consequences like driver penalty points, higher premiums, or even a driving prohibition.
If you miss the deadline, you’re not necessarily out of options.
Option 1: You Missed the 30-Day Dispute Deadline
If the 30-day window has passed and you didn’t dispute your ticket, you can apply to file a late dispute using a sworn affidavit. This affidavit is a legal document where you explain why you didn’t file on time and ask the court to allow your case to go forward.
The Court Will Consider:
Under Section 16 of the Offence Act, the Justice reviewing your affidavit will look at whether:
You missed the deadline through no fault of your own
You genuinely intended to dispute the ticket before the deadline
Allowing a late dispute would not cause undue prejudice to the Crown
You have an arguable defence to the ticket
It would be in the interests of justice to let the dispute proceed
For example, medical issues, family emergencies, or even sending in your dispute by mail that was never received could be valid reasons.
Simply forgetting, being too busy, or procrastinating likely won’t be enough without additional and relevant information.
Important Tips:
Attach evidence to support your claim (e.g., medical notes, proof of mailing, etc.)
Have your affidavit notarized or commissioned by a lawyer or at the courthouse
Never provide false or misleading information in your affidavit
Option 2: You Disputed the Ticket, But Missed Your Hearing
If you properly disputed your ticket but didn’t show up at your hearing (and didn’t send someone in your place), you’ll be treated as if you never disputed at all—and be found guilty.
The good news: you may still have a chance to fix this, depending on how much time has passed since the hearing.
If It’s Been Less Than 30 Days Since Your Missed Hearing:
You can apply to reopen your case by submitting an affidavit that shows:
You intended to appear at the hearing
You missed the hearing through no fault of your own
Fewer than 30 days have passed since the hearing date
This process is simpler and the court is more likely to consider your request.
If More Than 30 Days Have Passed:
The requirements are stricter—you’ll have to meet the same criteria as if you missed the original 30-day dispute deadline, as outlined first in this blog post.
Things to Watch Out For:
Paying the ticket within 30 days counts as an admission of guilt. Once you’ve paid, you likely can not go back and dispute it using a late dispute affidavit
On the affidavit form, there are two checkboxes depending on your situation (missed dispute vs. missed hearing). Be sure to select the correct one.
A conviction on your record can lead to Driver Risk Premiums, higher insurance costs, or driving prohibitions, especially if you already have other offences on your record.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
If you’d like to learn more about late dispute affidavits or need guidance on a legal issue, reach out to Zachary Dallman for a free consultation. Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.