Case Law

Driving related decisions by the courts.

Appeal of Speeding Ticket Conviction

BC Courts Coat of ArmsZihe Ren was convicted of speeding for traveling in excess of 80 km/h in the posted 50 km/h zone of the 4900 block of West 16th Avenue in Vancouver. He appealed the conviction citing that:

  1. The investigating officer, by mistaking the model of his vehicle on the traffic violation ticket, demonstrated that he was “obviously absent-minded" and it should be assumed that he was equally absent-minded about his estimate of the accused’s speed; and
  2. The decision is invalid because the investigating officer did not provide calibration records of his “speeding radar".

Speed Limit Sign Authority

BC Courts Coat of ArmsColt Chamberlain was convicted in traffic court for driving at a speed of 145 km/h in a posted 90 km/h zone on highway 19 in Delta. He appealed the conviction saying that the Crown had not proven who had put up the speed limit sign. Only the minister responsible for the administration of the Transportation Act has the authority to do this.

CASE LAW - R v Catling

BC Courts Coat of ArmsMatthew Catling received two traffic tickets, one in Richmond for speeding in a municipality and one in Vancouver for using an electronic device. Mr. Catling filed separate Constitutional Question Act notices on both the Richmond and Robson Square prosecutions on November 2, 2017, and November 24, 2017, respectively. He asserted that s. 63.1 of the Offence Act violates Sections 7 and 11(d) of the Charter.

CASE LAW - Banic-Govc v Timm

BC Courts Coat of ArmsNada Banic-Govc was approaching the exit of a parking lot at a slow speed intending to exit onto 1st Avenue in Surrey, B.C. by turning right. Gregory Timm approached the parking lot on 1st Avenue intending to turn left and enter it. The two drivers collided in the parking lot exit.

Painted Traffic Island Crash

BC Courts Coat of ArmsThis case resolves the liability for a crash where a driver making a left turn drove over the painted traffic island to get to the left turn lane rather than wait for traffic ahead. Unfortunately, the car ahead was also turning left and a collision occurred when that driver moved into the left turn lane without making a shoulder check first.

CASE LAW - R v Duplisse

BC Courts Coat of ArmsJeremy Duplissie was riding his motorcycle in the 10,300 block of 272 Street in Maple Ridge. This road has a posted speed limit of 50 km/h. The speed chosen by Mr. Duplissie was measured at just over 100 km/h by Corporal Martin. A ticket for excessive speeding was issued and subsequently disputed.

CASE LAW - R v Schultz

BC Courts Coat of ArmsBrigitte 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.