Case Law

Driving related decisions by the courts.

Taking a Picture of the Driver

BC Courts Coat of ArmsDrivers that fail to produce a driver's license with their picture on it when stopped present a very real difficulty for the officer. Is the driver one that cannot be bothered, did they just forget it this trip, or are they prohibited, unlicensed or impersonating someone else to avoid being charged?

CASE LAW - R v Dhaliwal

BC Courts Coat of ArmsIn this case Mr. Dhaliwal struck a 77 year old pedestrian and then failed to remain and render assistance as required. The pedestrian, Douglas Hull, came to rest under a van and was not discovered for about 25 minutes. He was conscious and alert when found but later died in hospital. The occupants of Mr.

CASE LAW - Schlappner v Serfas and Peknik

BC Courts Coat of ArmsThis case involves a collision that happened at an intersection where one street is controlled by traffic lights and the cross street by stop signs. Dr. Schlappner stopped at the stop sign, saw that the traffic lights were red and proceeded to cross the intersection. While he was crossing, the traffic signal turned green and a vehicle driven by Mrs. Serfas proceeded and collided with him.

CASE LAW - R v Moreno Munoz

BC Courts Coat of ArmsThis case involves a collision where one of the drivers involved was making a left turn at an intersection. That driver, Madame Moreno Munoz was charged for failing to yield on left turn. The trial examines the concept of "immediate hazard" and whether the left turning driver or the driver proceeding toward the left turn driver is required to yield to the other based on the immediate hazard involved.