Traffic Ticket After Citizen's Complaint

Questions: I was issued a traffic ticket for driving without reasonable consideration for others after a motorcylist that I passed complained to the police. I have a number of questions about this and here is my side of the story.

It was early morning commute, and there was a near endless line of vehicles behind a motorcycle being ridden leisurely along at a rate below (in an inactive construction zone) the lowered speed limit of 60 km/h. I was the car directly behind this rider.

When the highway became wide and multi-laned and the road offered a safe view ahead, and with no vehicles to be seen ahead on the road - I quickly and with a wide berth went safely around the slow moving motorcycle.

Yesterday, a month later, an officer (on behalf of the issuing officer in another detachment) served me a violation ticket on my doorstep. The delivering officer stated he had no knowledge of the particulars other than stating that on this date and time my car crossed/passed double yellow. I admitted nothing.

I was/am naive and was more incredulous that a traffic ticket can be issued in this way.

So here I am wondering what to do and trying to remember that morning. I believe I passed the motorcycle in an inactive construction zone where the lanes had been altered with no double yellow visible.

The law is the law and I went around him, I probably just pay the fine and be thankful there are no loss of points involved (RO).

But there is something here that is… hmm..off-putting…?

The blissful biker turned into a raging biker as he realized I was going around him. Yelling, cursing, honking frantically. But he stayed at his slow stubborn pace and soon he, and the long line behind him, disappeared.

I drove at, or slightly above, the posted speed limits for the next 7-10 minutes. During this time I had glimpses of the headlight snake far, far back. The curves of the one lane highway widened to two and all of a sudden the irate motorcyclist was beside me gesturing wildly with his middle finger and yelling that he work’s at ICBC and that he’s gonna get the cops.

How is it a vehicle a km or two behind can catch up in an instant?

Well; he’s good to his word! Does working for ICBC give him ‘privilege’? Is he able to use his position to access my identity, address, driving record (which is clean), etc, or give him influence with the RCMP or the issuing officer? Possibly being in the same community, are the officer and motorcyclist known to each other?

I argue who is the one really driving without consideration? The person seemingly-intentionally driving slow, holding back the flow of commuter traffic? And then speeds excessively to catch up so he can rage at me?

I am now aware that an officer can issue a traffic ticket even though he/she wasn’t present to witness the alleged offence, basing it on one person’s testimony/complaint. Maybe there is more evidence, but from the laws point of view isn’t this a case of ‘he said, she said’? Is this how law and ticket offences work?

I’m reading and learning what my options are going forward. I can dispute the ticket and ask the issuing officer for a disclosure, copy of the other drivers statement, any other evidence, a copy of whatever certified document they intend to use to prove I’m the Registered Owner.

If this went to court, I am positive the ‘witness’ would appear to offer testimony.

Can the traffic ticket be changed from ‘RO’ to ‘Driver’ at court because the motorcyclist may recognize me as the one behind the wheel? Would both officers have to appear in court? Is there anything abnormal about how/why this ticket was issued to me? Due to the long period between the alleged infraction and receiving the ticket, I am unable to recover video footage/evidence as my dash cam has since recorded over.

Again, I don’t dispute what I did was wrong in the eyes of the law. It was a ticketable offence if an officer had been witness. (What if the motorcycle was a slow moving tractor?) Believe this or not - I’m not aggressive towards other drivers - this is the second time I’ve let impatience, frustration, and yes - even common sense dictate my decision making. In some countries what I did is very acceptable, common practice. But here in Canada, it is not. Here an aggravated connected citizen - who may or may not be out for vengeance and ‘justice’ and feeling… what exactly?! I don’t know, can’t say - here a single complaint can lead to a big ticket!

Wow! Lots of Details and Questions!

Here's a list of what I believe you asked for help with:

1. The motorcycle rider's behaviour
2. Does working at ICBC give anyone privileges?
3. Is this a "he said - she said" situation?
4. Could the ticket change from Registered Owner to Driver at trial?
5. Do both officers involved have to appear in court?

The Motorcycle Rider

Maybe the rider was just having a bad day, but people don't usually behave like this after being passed safely. I can understand being upset, but venting in traffic is asking for more trouble. Better to leave this part out and simply report to police.

Working at ICBC

The rider gains no privileges working at ICBC. In fact, given the privacy laws, if he accessed private information without justification he could run into trouble, perhaps even be fired.

It doesn't confer any special treatment when making a driving complaint to police.

He Said - She Said

All public driving complaints are this type of situation unless independent witnesses are involved.

I've written about investigating this type of complaint and ultimately the courts are there to make sure that there is a lawful outcome.

Amending a Traffic Ticket at Trial

Yes, it is possible to amend traffic tickets prior to or during a trial. My preference is to do it prior to trial as the traffic court justices I've testified in front of were usually resistant to doing so during a trial.

Both Officers in Court

The first officer would likely attend court to guide the complainant and enter the certificate to show who the registered owner of the vehicle being complained about was.

The second officer would attend to prove service of the traffic ticket to you.

If you were willing to admit receiving the ticket and being the registered owner, neither officer would be required. I wouldn't expect you to do that, but sometimes lawyers will make these admissions to shorten a trial.

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