Driving related decisions by the courts.
ICBC requires vehicle owners to declare who the principal driver of the vehicle will be during the purchase of an insurance policy. The driving record of the principal driver (75%) and the highest risk listed driver (25%) determine the cost of the policy. A deliberate misrepresentation of who will be driving could result in a claim being denied.
Kelly Rae Rhone was charged for operating a motor vehicle without proper insurance while driving on the Trans Canada Highway at Mill Bay, B.C. Ms. Rhone disputed the traffic ticket on the basis that keeping the insurance current was her husband's job and that she did not know the insurance was expired.
Is it a Motor Assisted Cycle (MAC) or a Limited Speed Motorcycle (LSM)? In the case of R v Rei it all comes down to whether there are pedals installed so that the driver may physically propel the device or not.
The reasons for judgment of Mr. Justice Sigurdson (in chambers) continues from the case where he found that British Columbia's Immediate Roadside Prohibition (IRP) where a driver provided a fail breath sample was contrary to the Charter of Rights and Freedoms because it did not provide for sufficient grounds for review of a prohibition.
This case arises from a distracted driving related collision that happened at the intersection of Ware Road and Highway 19 in Lantzville. Valerie Shaver was turning left from Ware Road to northbound on Highway 19 and Graeme Lymbery was travelling southbound on Highway 19 approaching the Ware Road intersection.
Mr. Soriano was convicted of speeding and fined $138 on April 6, 2010. He subsequently appealed his conviction to the Supreme Court of BC claiming that the verdict was unreasonable because he was not exceeding the speed limit. There was a miscarriage of justice because his hearing was not fair. The Justice showed an attitude toward him that offended and intimidated him.
Dixon Ormiston fell from his bicycle and sustained serious injury after being forced against a concrete abutment by a vehicle that veered into his path while he was passing it on the right side. Of interest in deciding the liability in this case is the examination of passing on the right, both by a vehicle driver and a cyclist.
Brian Alexander was stopped for excessive speeding in Kamloops, B.C. He was issued a traffic ticket for excessive speed and police attempted to impound his vehicle for seven days as required by the Motor Vehicle Act. Mr. Alexander responded that he had no intention of giving up his vehicle, sat inside it and refused to get out when required to do so by the officer.
This is a case involving impaired driving where the driver provided breath samples of 110 mg%. Crown Counsel made the decision to charge the driver with driving without due care and attention instead of impaired driving. The driver pled guilty at the trial and received a fine of $400 and a driving prohibition for 6 months.
Clare 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.