Case Law

Drivers in the Graduated Licensing Program (GLP) are forbidden to use electronic devices while driving. Mira McEachern was a 17 year old novice driver on September 17, 2016 when she was issued a traffic ticket for violating this rule. 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).

Tejveer Parmar successfully used the defence of necessity to defend himself against a charge of speeding. He was initially convicted in traffic court but appealed the conviction. The justice agreed, allowed the appeal, quashed the ticket conviction and acquitted him of speeding.

On the 14th of November, 2015 at about 9:00 am, Ken Chung was operating an Audi northbound on Oak Street approaching West 41st Avenue in Vancouver. Evidence suggested that his speed was about 140 km/h in the 50 km/h zone.

Ian Tootill was convicted on a charge of loud and unnecessary exhaust system noise pursuant to Section 7A.01 of the Motor Vehicle Act Regulations by Judicial Justice Lim in traffic court. He was operating his Harley Davidson motorcycle on Beach Avenue in Vancouver and was stopped by Constable Bercic of the VPD.

In response to complaints of commercial vehicles failing to follow regulatory requirements in the District of McKenzie the police began to operate compliance check stops. A Kenworth tractor without a trailer was observed traveling northbound on Highway 39 near the causeway outside Mackenzie. The officer followed the vehicle for some kilometers before stopping it and interviewing the driver.

Rogan Lovse is a novice driver with a history of two speeding tickets and a two month driving prohibition brought on by those tickets. On receiving a third ticket for speeding, the Superintendent sent him a notice of intention to prohibit him from driving for five months.

Gordon Lipka was driving his vehicle on the Stillwater Main forest service road near Powell River, B.C. As he neared the intersection of Highway 101, Mr. Lipka drove onto the shoulder of the road and lost control of his vehicle. The vehicle travelled up an embankment, became airbourne and rolled before landing. Brad Gaebel, a passenger in the vehicle injured his right shoulder and collarbone in the incident.

Alexander Zacher was walking to work early on the morning of October 31, 2014 in Tsawwassen. He followed the walk signal on 12th Avenue at the intersection of 52nd Street using the marked crosswalk. When he was about two-thirds of the way across he was struck by a left turning vehicle driven by Glenn Prescesky and suffered serious injuries.

Zihe Ren was convicted of speeding for traveling in excess of 80 km/h in the posted 50 km/h zone of the 4900 block of West 16th Avenue in Vancouver. He appealed the conviction citing that:

1. The investigating officer, by mistaking the model of his vehicle on the traffic violation ticket, demonstrated that he was “obviously absent-minded" and it should be assumed that he was equally absent-minded about his estimate of the accused’s speed; and
2. The decision is invalid because the investigating officer did not provide calibration records of his “speeding radar".

Colt Chamberlain was convicted in traffic court for driving at a speed of 145 km/h in a posted 90 km/h zone on highway 19 in Delta. He appealed the conviction saying that the Crown had not proven who had put up the speed limit sign. Only the minister responsible for the administration of the Transportation Act has the authority to do this.