CASE LAW - R v Robinson

BC Courts Coat of ArmsThe case of R v Robinson involves disobeying a traffic control device at the intersection of Maclure Road and Babich Street in Abbotsford. In this instance, the traffic control device was the speed limit sign for the road that Mr. Robinson was driving on. The ticket alleged that he had failed to obey a traffic control device, but said nothing further.

Mr. Robinson disputed the ticket on the grounds that it failed to properly disclose the type of traffic control device that he had failed to obey. Without knowing that, he was unable to properly defend himself.

The judicial justice hearing the case did not agree and convicted Mr. Robinson.

Mr. Justice Groves heard the appeal of this conviction in the Supreme Court. He agreed that the ticket did not disclose sufficient information, explained why and quashed the conviction.

Reading between the lines from an officer's point of view, I see it as likely that this ticket was written to give Mr. Robinson a bit of a break. The conviction would have cost $17.00 and 1 penalty point less than a speeding ticket. In addition, on dispute, the justice could choose to lower the penalty instead of having to apply the minimum fine set for speeding.

Unfortunately, the officer did not complete the traffic ticket correctly and gave Mr. Robinson the opportunity to avoid any penalty beyond the cost of his legal counsel.

... I was pounced on by the W.Van police at 3:00 in the morning, allegedly speeding.

So I fought the ticket, the cop stood up and gave his evidence culminating in 'speeding against highway signs' The judge didn't like his tone though, and asked him 'Where were the highway signs?'

He tried answering with 'all along that highway' and the judge responded with Dismissed!

I've noticed judges don't seem to like cops who half-ass things. Civilians who don't know procedures, I think some leeway is expected... cops who not only have tons of experience, but actual training in these things, not so much.