Driving Offence Cases

On the hearing date, the Court denied the defendant’s application for an adjournment, the defendant pleaded guilty and the matter was ordered to return for sentencing. Before the sentencing hearing, the defendant paid the fine amount set out on his violation ticket, the matter was struck from the court list, and the offence was recorded on the defendant’s driving record. The Traffic Court Judge set aside the paid fine and summoned the offender to a sentencing hearing and ordered a 90-day driving prohibition in addition to fine. Cathryn Moore was retained for the sentencing appeal. She successfully argued that the Traffic Court erred in ordering a driving prohibition because, after a guilty plea, a Traffic Court is without jurisdiction to order a driving prohibition above and beyond the violation ticket amount.

Accused driver, 25-year-old female, crossed over the centre line of the road into oncoming traffic in a school zone and hit a vehicle carrying mother and her 16-year-old son (victims). Victims both suffered injuries — Accused’s blood alcohol concentration was more than four times legal limit. Accused pleaded guilty to impaired driving causing bodily harm and dangerous driving causing bodily harm.

The accused was driving a friend’s car and attempted to overtake a slower vehicle on Vancouver’s Marine Drive.  Although there was a broken white line, a rise in the roadway effectively obscured the view of the accused in respect to oncoming traffic.  When an oncoming vehicle appeared, the accused attempted to return to the right lane, lost control, and caused a serious accident.

The evidence presented by the Crown was that the accused was observed speeding and weaving in and out of traffic before ultimately losing control and striking a vehicle in oncoming traffic.

The Richmond RCMP pulled over the accused after a witness reported a drunk driver. The police officer took a sample of the accused into an approved screening device, resulting in a “fail” reading. The accused was arrested and provided two more breath samples at the police station, both well in excess of the legal limit.

The accused was speeding and swerving in and out of traffic and eventually the accused was in a motor vehicle accident. The accused pleaded not guilty to the charges.  The first trial date was cancelled due to lack of court time. A total of 14 months passed from the time that the charges were approved to the second trial date.

The accused was pulled over for speeding. There was an odour of liquor on the breath of the accused. The accused was detained between 8 to 11 minutes before the breath demand was made.

The accused, while intoxicated by a drug, drove his vehicle on the wrong side of a highway during rush hour traffic. The vehicle driven by the accused collided head on with another vehicle and injuries were sustained.

Accused pulled over by the Burnaby RCMP for swerving. There was an odour of liquor on the breath of the accused and the accused failed a roadside breath test. The accused was arrested and transported to the police station where breath tests were made showing a blood alcohol concentration above the legal limit.

The accused was pulled over by the Burnaby RCMP for swerving and sharply varying speeds. Police officer detected an odour of liquor, red watery eyes, and poor balance. Accused was arrested and transported to the police station where breath tests were taken showing a blood alcohol concentration of three times the legal limit.

A motorist travelling eastbound on Highway 1 in Vancouver contacted the police to report a vehicle swerving between lanes. The motorist followed the vehicle for approximately 15 miles until it exited the freeway in Coquitlam and he observed the police stop the vehicle.

A doctor visiting from New Zealand was walking across an intersection with his daughter in downtown Vancouver. The accused, who was proceeding through a green light, was unable to avoid a collision with the pedestrians. Instead of stopping his vehicle and offering assistance, the accused panicked and left the scene of the accident at a high rate of speed. A motorist who witnessed the accident called the police who ultimately apprehended the accused.