CASE LAW - R v Payman

BC Courts Coat of ArmsKayvan Payman was ticketed by the Vancouver Police Department for using an electronic device while driving. His hearing was set and on that day he applied to have the matter adjourned. The court denied the adjournment so Mr. Payman pled guilty.

Sentencing was adjourned to a later date and the officer prosecuting advised the court he would be seeking a driving prohibition as part of the penalty.

Prior to sentencing, Mr. Payman paid the ticketed amount and the matter was struck off the court list.

The judicial justice subsequently ordered the sentencing to proceed and imposed a 90 day driving prohibition.

Mr. Payman appealed the decision. Mr. Justice Macintosh quashed the prohibition, citing the case of R v West, and ordered it removed from Mr. Payman's driving record. Once a ticket is no longer in dispute, the court must not not try, determine or adjudge the proceedings; that includes the penalty phase of the proceeding.

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