Driving related decisions by the courts.
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 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.