Driving related decisions by the courts.
Brigitte Schultz was stopped by police in Abbotsford for failing to maintain proper lane position, driving more slowly than normal and failing to stop for a yellow light. She displayed symptoms of impairment and was tested with an approved screening device. The test registered a fail.
The case of R v Tannhauser involves the use of a cell phone app that prevents making a cellular phone call while driving. Initially Mr. Tannhauser's defence was successful after receiving a distracted driving ticket but it did not survive after examination in the BC Court of Appeal.
Marika Winthrope obtained her class 7 novice driver's licence in 2012. Due to the cost, she never attempted to obtain her full class 5 licence. In 2015 she received a speeding ticket and what the court surmised was a one month prohibition resulting from it in 2016.
We often see serious collisions reported in the news where the offending driver was only issued a traffic ticket for the violation that caused it. Public sentiment often conveys the wish that the driver should have been charged criminally for what they have done. One yardstick for considering a criminal charge instead of a traffic ticket is whether the offending driver showed "a marked departure from the standard of care which a reasonable person would have exercised in the same circumstances."
In this article Paul describes a David vs Goliath case where Frank Kristen disagreed with the ICBC claims adjuster finding him 100% at fault for a collision. Mr. Kristen proceeded to a Claims Assessment Review where the adjudicator agreed with the claims adjuster. The final step was to have the issue heard before the court and the case against ICBC was commenced.
Judicial Justice Burgess examines the definition of "use" as it applies to the use of electronic devices while driving.
Not all collision litigation resulting from crashes on our highways involve motor vehicles. In this case, the collision occurred between Rosario Perilli, a jogger, and Wendy Marlow, a 10 year old youth riding a bicycle. Mr. Perilli fell to the ground in his attempt to avoid the collision and suffered injuries, including one to his shoulder that required surgery to repair.
This is a case that dates back to November 1, 1962 in the British Columbia Supreme Court. It is the origin of what is known among police officers as the Schryvers Test and is used to assist in properly identifying the driver in traffic court as the accused.
Douglas Heuring was riding his bicycle eastbound on 13 street approaching Grand Boulevard East in North Vancouver, B.C. He stopped for the stop sign about 10 feet back from the marked stop line at the intersection.
Robert Tomkowicz was issued a violation ticket for crossing a solid line and illegal use of an HOV lane while traveling southbound on Highway 99 in Richmond, B.C. The judicial justice in traffic court convicted him for both offences after a trial.