Driving related decisions by the courts.
This decision as reported in the press last week made me scratch my head. We have a driver who was doing at least 20 km/h over the speed limit, went straight through from a right turn only lane against a red light, hit a concrete median, lost control and collided with another vehicle, killing both occupants.
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.
Theodor Rother was driving home southbound along 350th Avenue in Oliver, B.C. John Holt was walking northbound along 350th, returning to his home after picking up his mail from the nearby community mailboxes. Mr. Rother suddenly crossed over the highway and struck Mr. Holt, a utiliy pole, overturned and slid to a stop. Mr. Holt was seriously injured in the event.
One exemption from having to wear a seatbelt during normal operation of a motor vehicle is when one is a delivery driver who travels at 40 km/h or less and makes frequent stops. The Motor Vehicle Act does not define what the term "frequent stops" means.
Mr. Victor Shymanski was charged with disobeying a traffic control device after he drove his commercial vehicle past a regulatory sign requiring him to stop and check his brakes. He was convicted at trial.
On September 12, 2007, the plaintiff, Mr. Prem Singh, was travelling northbound on Scott Road (also known as 120th Street) in Surrey, B.C. As Mr. Singh went through the intersection, he hit a westbound RCMP vehicle driven by Constable Kerri Parrish who was responding to an emergency call of a man with a knife threatening to stab a child.
This case is an appeal of a conviction for excessive speeding. Gary Westgate was measured using a laser speed measuring device at 96 km/h in a posted 50 km/h zone. At issue was a document concerning a device used to measure the output of the laser device itself. The certificate had expired in April of 2006..
Uros Budimac was parked at the side of West 11th Avenue in Vancouver. He signalled, shoulder checked and seeing nothing approaching pulled out to travel eastbound. Part way out of the parking space he shoulder checked again and saw the headlights of another vehicle approaching him. He stopped and was struck on the left front corner by a taxi driven by Parbhjot Bains.