CASE LAW - R v Schurman

BC Courts Coat of ArmsJagger Ross Schurman was stopped by police in Vancouver for a number of violations while he was driving his mother's car. "He was under the impression that he would be principally fined but that the tickets would not go on his driving record. He also indicated that he was led into an erroneous understanding about the effect of pleading guilty with respect to the accumulation of points against his driver's licence by the attending officer's roadside statements."

On this basis, Mr Schurman paid the indicated amounts on the ticket. Following this, he found out that the Loud and Unnecessary Noise count resulted in a 3 point penalty. He asked the supreme court to set aside the conviction for noise.

Mr. Justice Brundrett agreed as the constable who issued the ticket could not recall the content of his conversation with Mr. Schurman at roadside with enough accuracy to satisfy the court that he had not been misleading or sufficiently clear. The noise count was returned to traffic court for a trial.