Case Law

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 is the story of a two vehicle collision that happened in the uncontrolled intersection of Jervis Street and Gordon Avenue in Port Coquitlam, B.C. Michelle Olchowy was travelling south on Jervis Street and Clifford Tomkulak was travelling east on Gordon Avenue. Ms. Olchowy entered the intersection within a second or fraction of a second of Mr. Tomkulak.

William Vance was riding an unlicenced, uninsured off road motorcycle southbound on 198 Street in Langley, B.C. He was not wearing a helmet and was exceeding the speed limit. Cristine Cartwright was eastbound on 21 Avenue and had stopped at the stop sign before entering 198 Street intending to turn northbound. Vision was limited for drivers on 21 avenue looking northbound by roadside vegetation.

Delores Lewis was required to take the computer based version of the DriveABLE test and failed. The Superintendent of Motor Vehicles directed ICBC to cancel her driver's licence. Reconsideration of this decision was possible if she was able to provide a report from her doctor indicating that she was medically fit to drive. This was provided and Ms. Lewis took the test a second time. The result of the second test indicated that her abilities had declined. Her licence remained cancelled.

On December 13, 2008 at about 11:00 pm Van Tan Tran was driving southbound on Nanaimo Street in Vancouver, B.C. At the intersection of East 29th Avenue his vehicle collided with a vehicle being driven by William Edbrooke who was travelling westbound on East 29th and had slid through the stop sign on snow covered pavement.

Frank Potestio added four hazardous moving violations and one fail to wear seatbelt violation to his driving record between August 29, 2009 to May 9, 2011. He was sent a warning letter on June 19, 2011. Mr. Potestio committed two further driving offences on February 2, 2012 and was sent a letter placing him on probation for six months effective March 8, 2012.

The collision referenced by this case occurred on Cornwall Avenue just east of Walnut Street in Vancouver, B.C. Marianne Dupre was riding her bicycle westbound on Cornwall and was being overtaken by a car driven by Teresa Patterson.