Driving related decisions by the courts.
The Honourable Mr. Justice Macaulay hears the constitutional argument against the current Immediate Roadside Prohibition laws in BC. He decides "... that the salutary effects of the IRP regime far outweigh the alleged deleterious effects. Any violation of s. 8 is, as a result, saved under s. 1.
Russell Jackson was stopped by police when driving a vehicle in Ladysmith, B.C. He produced a Mexican driver's licence to the officer, but it was not accepted. He was ticketed for driving without a valid driver's licence and the vehicle was impounded.
This minor collision turned alcohol fuelled road rage incident occurred on May 31, 2008 on Beach Avenue in Vancouver. Enrique Pacheco had stopped his car in the middle of Beach Avenue. A car driven by Tesfay Degife approached from the rear, sounded the horn and drove around the stopped vehicle.
Mr. En Song received a traffic ticket for speeding in a school zone while he was travelling down a steep hill. He had some difficulty communicating with the police officer due to language problems. He had asked what his speed was and said that the officer did not tell him. He paid the ticket in full within 30 days.
Richard Kaiser was ticketed for failing to slow while passing a police car while that car’s emergency lights were activated. He disputed that ticket on two grounds, the regulation offended the Charter by being too vague and that the officer was merely making notes concerning a previous violator at the time and so had entrapped Mr. Kaiser. Judge Takahashi convicted Mr. Kaiser.
Spencer Basi was stopped while driving a motor vehicle under the influence of marihuana. A Standardized Field Sobriety Test was conducted after an initial questioning by the arresting officer. Mr. Basi showed symptoms consistent with marihuna impairment, was prohibited from driving for 24 hours and had his vehicle impounded for a similar time period.
Although this is an older case, dating from 2005, it is an interesting one. Brink's Canada managed to accrue some 101 parking tickets, likely in relation to their armoured car service within the City of Vancouver.
B.C.'s tough provincial laws to combat impaired driving have survived a challenge in the B.C. Court of Appeal. In summary, the judgment says:
Marnetta Felix and her boyfriend Kevin Hearne attended a soccer tournament. Following his last game of the day Kevin went to the concession and started drinking beer. He consumed enough over the next two or more hours that he became quite intoxicated. At one point he saw Marnette with her arm around another man and became angry. When they left the tournament, Marnetta driving and Kevin as passenger the two began to argue.
This case is out of Kamloops, B.C. where Philip Dolson disputed a violation ticket for operating his Jeep without proper doors. In this instance he had replaced the OEM doors on his vehicle with