Case Law

Driving related decisions by the courts.

CASE LAW - R v Engelbrecht

BC Courts Coat of ArmsKaarina Engelbrecht was reported to police as an erratic driver on March 27, 2011. Her vehicle was located by patrols and after an altercation at roadside she was taken to the Kelowna RCMP detachment for breath testing. She provided breath samples of 110 mg% and was charged with driving without due care and attention.

CASE LAW - R v Bekkers

BC Courts Coat of ArmsClare Bekkers spent the evening at a friend's residence in Victoria drinking and using cocaine. The following day she collected her young children and headed home to Nanaimo. When she started her journey that day at 12:30 pm her blood alcohol level was between 93 and 148 milligrams of alcohol per 100 millilitres of blood. There was some indication that she may have consumed beer in her vehicle on the way home.

CASE LAW - R v Mahovlich

BC Courts Coat of ArmsMark Clayton Mahovlich needed some ID because his driver's licence had been cancelled. He applied for a BCID using his brother's Care Card and birth certificate, neither of which carries a photo. Mark has a history of identifying himself as his brother and has caused significant problems for the brother by doing this.

CASE LAW - Haughian v Jiwa

BC Courts Coat of ArmsIn this case, Kathleen Haughian was proceeding eastbound on Sunset Street east of Smith Avenue in Burnaby, B.C.  Sunset Street in this location consists of two lanes in each direction with angle parking on both sides. The angle parking is toward traffic on the north side and away from traffic on the south side.

CASE LAW - Deol v Veach

BC Courts Coat of ArmsIn this case Mr. Deol was riding his bicycle on a sidewalk in a direction opposing traffic on the highway adjacent to him. Mr. Veach was attempting a right turn onto the highway from a parking lot. Both stopped, Mr. Deol on the sidewalk at the parking lot access and Mr. Veach prior to crossing the sidewalk. Both proceeded at the same time and collided.

CASE LAW - Spencer v Superintendent of Motor Vehicles

BC Courts Coat of ArmsIn this case, Kristen Debra-Lee Spencer challenges an Immediate Roadside Prohibition (IRP) in a Supreme Court Review of an adjudicators decision upholding the IRP on review. Ms. Spencer was issued the IRP for being in care and control of a motor vehicle, having alcohol in her body and refusing to provide a breath sample on the demand of a police officer.

CASE LAW - Wong-Lai v Ong

BC Courts Coat of ArmsMrs. Wong-Lai and her husband were crossing Prior Street between Gore and Dunlevy in Vancouver to return to their car. They were struck by a car driven by Mr. Ong. The older couple were not able to cross the street quickly, had chosen to cross where there was not a crosswalk on a wide, busy street at night in a heavy rain.

CASE LAW - R v Shafer

BC Courts Coat of ArmsIan Shafer used to live in Las Vegas, Nevada and had licensed his car there. He moved to Oak Bay, B.C. but had not obtained a BC driver's license or BC license plates and insurance at the time he was stopped for speeding by police in Victoria. He was issued a traffic ticket for speeding, not having a BC driver's license and operating an uninsured vehicle. He pled guilty to speeding and not guilty to the other two counts.

CASE LAW - Walter v Plummer

BC Courts Coat of ArmsLeslie Plummer was riding her motorcycle on Rutland Road in the vicinity of an intersection near two schools in Kelowna, B.C. Shaun Walter was walking diagonally across Rutland Road passing the front of a large truck which obscured him from Ms. Plummer's sight. Without looking, Mr. Walter walked into the path of Ms. Plummer's motorcycle and was struck. Both were seriously injured in the mishap.