Police

Information related to the police.

CASE LAW - R v Wong

BC Courts Coat of ArmsOne way of preparing for a traffic ticket dispute is to request disclosure from the officer who issued it. It was relatively rare to receive such a request but when one did appear the disputant often asked for everything, including the tread depth of the right rear tire on the police car. It was fairly clear that the request was based on advice found on the internet rather than obtained from a lawyer. Disclosing less than what was requested (but still reasonable in the circumstances) resulted in complaints to the justice at the hearing.

The Not-So-Professional Driver

Truck Tractor and TrailerI'm one of those odd drivers who tries their best to drive at or below the posted speed limit. I include the word below here as sometimes there is a need to slow down to less than the posted speed limit for safety reasons. This often has consequences for me when I have to share the road with other drivers who do not subscribe to my philosophy on road safety. A good example of this is looking in my rear view mirror and finding the Volvo logo on the grille of a heavy transport truck following me closely enough that I could count the bugs stuck to it.

CASE LAW - R v Jacobson

BC Courts Coat of ArmsThe police must follow the provisions of the Emergency Vehicle Driving Regulation when they intend to employ the exemption from the rules of the road set out in the Motor Vehicle Act. In this case, Constable Jacobson was driving his police vehicle on Highway 97 at Daimler Drive in West Kelowna approaching a red light. Hoping to save a few minutes arriving at a complaint he activated the police vehicles's emergency lights and siren about 4 - 5 vehicle lengths’ back from the beginning of the left turn lane on Highway 97 going south. He attempted to make a left hand turn in the intersection and was struck by a northbound Jetta.

NEWS - Reporting Bad Driving With the Vic PD App

TextingThe Victoria Police Department has announced an app for both Apple and Android devices that may be used to report incidents of unsafe driving. The app extends a complainant's ability to report a traffic complaint on line. Depending on the level of involvement that you choose, the complaint will be taken for general information, a warning letter or court action. The app is available for free download now.

THREE STRIKES - I'm Out!

SoapboxOne of the more frequently asked questions that I receive from visitors to this site concerns reporting bad driving behaviour to the police and having the offending driver held accountable. Until recently, I would point the person to the article Q&A - Making a Driving Report to the Police and encourage them to take an active role in the complaint so that something effective would be done. When I was working and received an earnest complaint I would take the time to investigate it and issue a ticket if warranted. If not, I would explain the situation fully to the complainant when I thought that I would be unsuccessful prosecuting and decided not to issue a ticket. I cannot recall an unsuccessful prosecution of a ticket like this as the driving behaviour that led to it was usually so far out of the norm that it was easy for the justice to decide.

What do I Have to Tell Police During a Traffic Stop?

Ticket WriterWhat do you have to tell police when you are the subject of a traffic stop? I've often been asked about whether you have to answer the casual conversation at a road check that might include questions like Where are you coming from? Where are you going to? How much have you had to drink tonight? The answer is no, you don't.

The Police Never Write Tickets For...

Ticket WriterI often hear the opinion expressed that the police never write tickets for (insert your favourite violation here). While I know what I wrote tickets for when I worked, I also knew that each officer had his or her own opinion on what was important to write tickets for and what they would choose not to write. In order to make a more informed response on the topic I asked ICBC for a list of the number of Motor Vehicle Act (MVA) convictions for 2014.

The Officer Should Have Exercised Discretion

Good Cop, Bad CopThe subject of an officer using his or her discretion in the issuance of a traffic ticket is often part of the explanation in the discussion forum on the DriveSmartBC web site. People asking for assistance in formulating their defence in traffic court often feel that in their case the officer should have given them a warning instead of a ticket. Sometimes I agree with them and sometimes I don't.

Notice & Order #2

Notice & OrderOver the course of my service in traffic law enforcement I saw many things that made me shake my head. Examples include a pickup truck that had a rope strung through the vent windows and tied to the windshield wipers so that they could be operated by the passenger, another pickup with black plastic tape stuck over the brake warning light so that the brightness would not bother the driver at night and a car had no working lights on the rear because ICBC had not arranged for collision repairs yet. Admittedly, these are extreme examples but there are many vehicles on our highways that are not being properly maintained by their owners.

COLLISIONS – Why You May Face a Lengthy Highway Closure

Collision PhotoOccasionally you may find yourself waiting in a long line of vehicles for extended periods because a collision has temporarily shut down a highway. Here are some insights as to why the RCMP, working with the area highways contractor, has closed the road.

A collision will fall into one of three categories: Property Damage, Serious Injury, or Fatality.

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