NOTICE - Traffic Court Adjournments

BC Courts Coat of ArmsTraffic, ticket or bylaw matters scheduled from March 18 to June 12, 2020 (end date revised) are adjourned without the disputant having to attend Court and will be rescheduled to a later date. A notice of a new Court date will be sent to the disputant by mail to the address on file with the Court.

TRAFFIC COURT - Presenting Video Evidence

VideoSmart phones and dash cams may produce video evidence to defend yourself with in traffic court. However, it's not a good plan to show up with your smartphone in hand and try to show that video to both the prosection and the judical justice while you explain your point. In fact, some judicial justices will refuse to allow you to enter evidence in this manner.

CASE LAW - R v Tannhauser

BC Courts Coat of ArmsThe B.C. Court of Appeal has ruled that having a disabling app on your cell phone cannot form a successful defence. Following an acquittal in traffic court that was upheld by the Supreme Court, the Court of Appeal has allowed the Crown's appeal and ordered a new trial.

To Write, or Not to Write...

Ticket Writer"Don't you guys ever do anything else than write tickets?" asked the visibly upset gentleman who had just been stopped for travelling at 86 km/h in the posted 60 km/h zone. "Can't you give a guy a warning? This is my second ticket this year and I will owe ICBC a lot of money!"

CASE LAW - R v Rajani

BC Courts Coat of ArmsOn March 15, 2019 Zahir Rajani was issued a violation ticket for using an electronic device while driving. He had been observed by police to be looking down while driving his vehicle. When stopped, it was discovered that Mr. Rajani had a cell phone in his lap, facing up, connected by cord. The constable could not say if the screen was lit or not. Mr. Rajani disputed the ticket.

ADAS - Driver Training Needed

ADAS sensor viewsA new vehicle sold today is equipped with a backup camera to help insure that the driver has as complete a view to the rear as possible to insure safety while backing up. An IIHS study compared the crash rates of cars with and cars without backup cameras. Overall, cars with cameras were 17% less likely to be involved in a police-reported backup crash. Why was the reduction so small?

The Registered Owner is Responsible

key with car in backgroundHave you ever stopped to consider the risk involved in handing your keys over to someone else? As the owner of a vehicle, you have significant responsibility for it when someone else is using it. Even if you were not present, something nasty can still come back and bite you.

CASE LAW - Sisett v British Columbia (Attorney General)

BC Courts Coat of ArmsIan Sisett was stopped by police for driving at an excessive speed near Grand Forks. He received a traffic ticket for that offence and the vehicle he was driving was impounded as required by section 251 MVA. Being without a vehicle, Mr. Sisett rode back to Grand Forks with the tow truck driver and stayed the night while family members arranged transportation back to Kelowna for him.

Staying On Your Side of the Road

Cutting the CornerI live beside a road where I can watch an "S" curve out of my window where visibility is limited due to vegetation on both sides. I don't have to watch for long before a see a driver who straightens out the S by driving more or less in a straight line through the corners.

CASE LAW - Donato v Quach

BC Courts Coat of ArmsThis case involves a collision at the intersection of 86 Avenue and 160 Street in Surrey. Joshua Donato had stopped for the stop sign westbound on 86 Avenue intending to turn right. Due to limited visibility he moved forward and slightly to the right in anticipation of making the turn.

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