CASE LAW - R v McEachern

BC Courts Coat of ArmsMira McEachern was a novice driver on September 17, 2016 when she was issued a traffic ticket for using an electronic device while driving. She was convicted of that offence (records do not indicate if it was because she paid the fine or was not successful in a traffic court dispute). Shortly after the conviction RoadSafetyBC notified her of a pending prohibition of 3 months due only to that conviction.

Counsel made a written submission on her behalf and the prohibition was reduced to two months duration.

Ms. McEachern requested a review of the decision and the two month prohibtion was confirmed. She followed up by having that decision reviewed by the courts.

Mr. Justice Giaschi decided that the driving record must show a pattern of conduct to justify a prohibition. This single conviction did not do that, so he allowed the appeal and ordered the Superintendent to terminate the prohibition.

This decision was appealed by the Superintendent. Three justices from the court of appeal upheld the Superintendent's prohibiton. While it was harsh, it was not unreasonable.

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