Case Law

Driving related decisions by the courts.

CASE LAW - Rossi v Superintendent of Motor Vehicles

BC Courts Coat of ArmsMr. Rossi was investigated for driving while impaired by alcohol. He provided a breath sample that registered a fail reading on an Approved Screening Device. Subsequent to that he supplied two samples of breath analyzed at 80 mg% on a BAC Datamaster C instrument. As a result of this, the investigator served Mr. Rossi with an Administrative Driving Prohibition for 90 days.

CASE LAW - R v Berner

BC Courts Coat of ArmsThis is the provincial court decision rendered by Judge P.D. Gulbranson finding Carol Ann Berner guilty of all charges arising out of the death of Alexa Middelaer and the serious injuries caused to her aunt, Daphne Middelaer.

CASE LAW - Blackburn v HMQ, RCMP and Leyh

BC Courts Coat of ArmsThe case of Blackburn v HMTQ, RCMP and Leyh occurred at the intersection of Ferry Avenue and Highway 16 West in Prince George. A member of the RCMP was responding to a rollover collision with injuries when he proceeded through a red light at low speed and collided with a car driven by a deaf person who passed by other traffic that was stopped to allow the police vehicle to clear the intersection.

CASE LAW - R v Ismail

BC Courts Coat of ArmsAltab Ismail has a significant driving record and owes ICBC money from an unresolved collision debt, so his driver's license was canceled when he made no attempt to satisfy the debt. From Mr. Ismail's point of view the difficulty lay in the fact that he worked as a delivery driver and required a driver's licence in order to earn his living.

CASE LAW - Cue v Breitkreuz

BC Courts Coat of ArmsThis case heard before Justice N. Smith examines a collision that occurred when a car driven by Miquel Cue stopped in traffic to make a left turn and was struck from behind by a truck driven by Roy Breitkreuz. Cue told the court that he had been waiting to turn left for approximately 5 seconds when he was struck by Breitkreuz.

CASE LAW - R v Reid

BC Courts Coat of ArmsIn the case of R v Reid, Judge Lemiski examines an incident in which Reid was the driver of a motor vehicle that fatally injured a young boy in a parking lot. Reid parked her vehicle, failed to place the gear selector in park, and then mistook the gas for the brake, pinning the boy between her vehicle and a building.