CASE LAW - R v Jacobson
The police must follow the provisions of the Emergency Vehicle Driving Regulation when they intend to employ the exemption from the rules of the road set out in the Motor Vehicle Act. In this case, Constable Jacobson was driving his police vehicle on Highway 97 at Daimler Drive in West Kelowna approaching a red light. Hoping to save a few minutes arriving at a complaint he activated the police vehicles's emergency lights and siren about 4 - 5 vehicle lengths’ back from the beginning of the left turn lane on Highway 97 going south. He attempted to make a left hand turn in the intersection and was struck by a northbound Jetta.
Following an investigation of the collision, Constable Jacobson was issued a violation ticket for disobeying a red light. He disputed the ticket and was found guilty by the honourable judge M. E. Shaw. The judge found that the constable did not have the justification in the circumstances to exercise the privileges granted by the Motor Vehicle Act and found him guilty of the offence.