CASE LAW - R v Engelbrecht

BC Courts Coat of ArmsKaarina Engelbrecht was reported to police as an erratic driver on March 27, 2011. Her vehicle was located by patrols and after an altercation at roadside she was taken to the Kelowna RCMP detachment for breath testing. She provided breath samples of 110 mg% and was charged with driving without due care and attention. The provincial court judge imposed a penalty of $400 and a six month driving prohibition.

Ms. Engelbrecht appealed the conviction to the Supreme Court of BC saying that the provincial court had imposed a harsh and excessive sentence. She was already subject to an administrative driving prohibition, having to take the Responsible Driver Program and having an ignition interlock installed in her vehicle because of this incident.

Had Ms. Englebrecht been charged under the Criminal Code for impaired driving, which breath testing certainly supported, she would have been subject to a criminal record, a higher monetary penalty, a longer prohibition and the sanctions applied by the Superintendent of Motor Vehicles.

Her appeal was not successful.


Read the Reasons for Judgment - R v Engelbrecht