CASE LAW - R v Schultz
Brigitte Schultz was stopped by police in Abbotsford for failing to maintain proper lane position, driving more slowly than normal and failing to stop for a yellow light. She displayed symptoms of impairment and was tested with an approved screening device. The test registered a fail.
She was issued a 24 hour suspension, a ticket for driving without reasonable consideration for others and failing to stop for a yellow light. Her vehicle was towed.
Ms. Schultz disputed the ticket. She pled guilty to the yellow light offence and was found guilty of driving without due care and attention.
An appeal of both convictions was heard in the Supreme Court.
Ms. Schultz was allowed to withdraw her guilty plea to the yellow light count and a new trial was ordered.
The appeal for the driving without due care account was allowed and an acquittal was entered. The Judicial Justice based the conviction on the roadside screen. This evidence cannot be used as direct evidence to incriminate the driver.