Case Law

Driving related decisions by the courts.

CASE LAW - R v Ren

BC Courts Coat of ArmsZihe 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".

CASE LAW - R v Chamberlain

BC Courts Coat of ArmsColt Chamberlain was convicted in traffic court for driving at 145 km/h in a posted 90 km/h zone on highway 19 in Delta. He appealed the conviction based on the failure of the Crown to prove that the speed sign in place on the highway that day was posted by the minister responsible for the administration of the Transportation Act and that the sign applied to his lane of travel.

CASE LAW - R v Catling

BC Courts Coat of ArmsMatthew Catling received two traffic tickets, one in Richmond for speeding in a municipality and one in Vancouver for using an electronic device. Mr. Catling filed separate Constitutional Question Act notices on both the Richmond and Robson Square prosecutions on November 2, 2017, and November 24, 2017, respectively. He asserted that s. 63.1 of the Offence Act violates Sections 7 and 11(d) of the Charter.

CASE LAW - Banic-Govc v Timm

BC Courts Coat of ArmsNada Banic-Govc was approaching the exit of a parking lot at a slow speed intending to exit onto 1st Avenue in Surrey, B.C. by turning right. Gregory Timm approached the parking lot on 1st Avenue intending to turn left and enter it. The two drivers collided in the parking lot exit.

CASE LAW - Nguyen v Busink

BC Courts Coat of ArmsThi My Tien Nguyen and Evelyn Busink were both driving their vehicles eastbound on 100 Avenue intending to turn left onto 140 Avenue in Surrey. Ms. Nguyen moved to the left and traveled over the painted median island before entering the marked left turn lane. Ms. Busink moved into the left turn lane when it began without looking to her left and struck Ms. Nguyen's vehicle.

CASE LAW - R v Duplisse

BC Courts Coat of ArmsJeremy Duplissie was riding his motorcycle in the 10,300 block of 272 Street in Maple Ridge. This road has a posted speed limit of 50 km/h. The speed chosen by Mr. Duplissie was measured at just over 100 km/h by Corporal Martin. A ticket for excessive speeding was issued and subsequently disputed.

CASE LAW ADDENDUM - R v Scherbey

BC Courts Coat of ArmsOn September 9, 2015 Edward Scherbey was driving a vehicle exiting a school zone. His speed was measured using laser at 56 km/h. Constable Sabulsky stopped him and issued a traffic ticket for speeding in the school zone. He disputed the ticket but was not successful.

CASE LAW - R v Schultz

BC Courts Coat of ArmsBrigitte Schultz was stopped by police in Abbotsford for failing to maintain proper lane position, driving more slowly than normal and failing to stop for a yellow light. She displayed symptoms of impairment and was tested with an approved screening device. The test registered a fail.

CASE LAW - R v Tannhauser

BC Courts Coat of ArmsThis is the case of the cell phone app that helped a driver beat a traffic ticket for using a cellular phone while driving. Patrick Tannhauser was driving on the Trans Canada Highway approaching the Helmcken overpass in View Royal. He was stuck in what is known locally as the "Colwood Crawl" at 8:35 am. Mr. Tannhauser was holding his company issued cell phone at the top of the steering wheel.

Warning Others of a Breakdown

Breakdown Warning DevicesWhat do you have stored in your vehicle to protect yourself and other road users in the event of a breakdown or collision? Most of us will probably reply that they don't have anything prepared for this eventuality. In fact, with the reliability of vehicles today and perhaps not having been involved in a significant collision before, we may be lulled into thinking that we don't really need it.

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