CASE LAW - R v Gjoka

BC Courts Coat of ArmsMarlen Gjoka was travelling eastbound on the Trans Canada Highway entering the posted 50 km/h speed zone that begins near the Harriet Road intersection. Constable Klear of the Saanich police department was stationed 350 meters into the zone observing and measuring the speeds of approaching traffic. He estimated Mr. Gjoka's speed at 100 km/h and using an UltraLyte LRB laser device he measured the speed at 99 km/h. Constable Klear radioed to Sergeant Stewart directing him to stop Mr. Gjoka for the speeding offence.

Mr. Gjoka's vehicle was also subject to impoundment for the excessive speeding offence.

Mr. Gjoka disputed the violation ticket and retained lawyer C.S.T. Mackie to represent him at trial. The defence centered around the fact that Constable Klear had no written notes concerning the testing of the laser speed measuring device and that his recollection of his speed as being between 65 and 70 km/h does not match Constable Klear's measurement of 99 km/h.

Judicial Justice Gordon convicted Mr. Gjoka, accepting Constable Klear's testimony that it is his practice to check the accuracy of the laser at the beginning and end of every shift and finding that Mr. Gjoka's estimate of his own speed was not accurate or credible.



What if?

That's a logical judgment I reckon, and there's no doubt in my mind that Mr Gjoka was guilty as charged.

But inasmuch as the outcome was reliant on the officer having tested his device prior to using it, then subsequently testing it again at the end of the day, it leaves one wondering how he would have dealt with things had the unit failed the end of day test? Would he have had all the tickets issued that day cancelled?

Good Question!

I would have done that had it have ever occurred to me. It would be the proper thing to do.

Fortunately, these devices proved very reliable in my experience and I only had to deal with it once that I can recall. Fortunately, it occurred at the outset and I didn't have to do more than box it up and send it in for repair.

Google Ads