Description of the Offence

When an officer writes a traffic ticket the description of the offence is required to give the driver enough information to understand what they are being charged with. If that is not the case, the judicial justice could choose to dismiss the offence. This case is an example of that.

Disobey Traffic Control Device Offence

Kevin Robinson was issued a traffic ticket for disobeying a traffic control device at the intersection of Maclure Road and Babich Street in Abbotsford. In this instance, the traffic control device was the speed limit sign for the road that Mr. Robinson was driving on. The ticket alleged that he had failed to obey a traffic control device, but said nothing further.

The Ticket Dispute

Mr. Robinson disputed the ticket on the grounds that it failed to properly disclose the type of traffic control device that he had failed to obey. Without knowing that, he was unable to properly defend himself.

The judicial justice hearing the case did not agree and convicted Mr. Robinson.

Wording

Generally, the wording for an offence follows what is show for the section in the Violation Ticket Administration and Fines Regulation. For the most part, this is sufficient except in instances like disobey traffic control device or improperly equipped vehicle.

The officer should have written something like disobey traffic control device - highway speed sign.

Appealing the Conviction in Traffic Court

Mr. Justice Groves heard the appeal of this conviction in the Supreme Court. He agreed that the ticket did not disclose sufficient information, explained why and quashed the conviction.

Giving the Offender a Break

Reading between the lines from an officer's point of view, I see it as likely that this ticket was written to give Mr. Robinson a bit of a break. The conviction would have cost $17.00 and 1 penalty point less than a speeding ticket. In addition, on dispute, the justice could choose to lower the penalty instead of having to apply the minimum fine set for speeding.

Learn More

• Read the Reasons for Judgment - R v Robinson

Share This Article