driving law

Is the BC Government Trying to Keep You From Having a Lawyer in Your Traffic Ticket Case?

The BC Government recently introduced Bill 17 – the Miscellaneous Statutes Amendment Act. This legislation aims to change some of the processes currently used in traffic courts. The Government’s description of the changes is that they will move some traffic court matters into an online process, to facilitate easier access to justice.

But I’m not fully convinced that’s the aim

Is the BC Government Trying to Keep You From Having a Lawyer in Your Traffic Ticket Case? Read More »

Can police stop and arrest you on private property?

There are a lot of things police officers can do. They can arrest you for walking into a convenience store and stealing a chocolate bar. They can stop you on the street and ticket you if you’re speeding. They can even demand you to take a breathalyzer test once you’re pulled over if they think you’ve been drinking.

Can police stop and arrest you on private property? Read More »

What constitutes distracted driving?

What exactly constitutes ‘distracted’ has always been a bit complicated. It should be obvious that holding a phone in your hand, whether you are texting, on a phone call, or even changing a song, means you are focusing on something other than the road, and therefore driving distracted. However, based on a new ruling in the BC Court of Appeal that happened yesterday, what constitutes distracted driving may have been clarified a bit, and it appears, it is no longer limited to just a phone in hand.

What constitutes distracted driving? Read More »

Going to Jail for Driving While Prohibited

jail for driving while prohibited

One of the questions I am asked most frequently by clients who are charged with driving while prohibited is whether they can go to jail for driving while prohibited.

And, depending on the circumstances, a driving while prohibited charge in British Columbia can result in a jail sentence. So it is important to consult with a lawyer and understand whether you are at risk of going to jail, and in what circumstances a jail sentence can be imposed.

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How to Dispute a Ticket in BC and Win

Traffic tickets in British Columbia can have serious consequences. From driver penalty points, to driver risk premiums, the consequences of a ticket are often a lot more than what is printed on the face of the ticket. After all, even one ticket may trigger a driving prohibition depending on your circumstances. 

And that’s why I am often asked by people for tips about how to dispute a ticket in BC and win. And while I think the best way to successfully dispute a ticket is to hire competent and experienced legal representation, the reality is that not everyone retains a lawyer. And, bear in mind, that no one and no strategy in traffic court can guarantee your success. The reality is that there is no surefire pathway to winning a ticket dispute.

But here are some useful tips that might help you to dispute a ticket in BC and win.

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BC Supreme Court Case Exposes Absurdity in Distracted Driving Laws

supreme court distracted driving

A recent decision released from the BC Supreme Court exposes what is clearly an absurdity in BC’s distracted driving legislation.

As I have said numerous times, the distracted driving legislation in British Columbia is not connected to common sense or rational thinking. It is a series of prohibitions on certain acts, many of which do not pose a danger to the public, while permitting acts that may objectively be more dangerous.

This recent case highlights how poorly-crafted the legislation truly is.

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Sentencing in Driving Without Due Care Cases That Involve Death

sentencing in driving without due care

The vital role judges play in sentencing cannot be overstated. A system where you have a predetermined punishment for each crime would not be justice. We can see this in sentencing in driving without due care and attention cases that involve death.

While decisions must be consistent and rely on previous cases, our justice system rightly factors in a human element. In this tragic case from Vancouver last year, we can see how the particular circumstances of a case are taken into account to decide a sentence. …

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How To Beat a Driving While Prohibited Charge in BC

beat driving while prohibited charge

Driving while prohibited is a serious offence. If convicted of the criminal charge of driving while prohibited, a person can receive a criminal record. Under the Motor Vehicle Act, a person can face a possible jail sentence. In either circumstance, the penalty for driving while prohibited includes lengthy driving prohibitions and potentially high fines.

This is why it is important to understand the evidence in a driving while prohibited case, and what you can do to beat a driving while prohibited charge in British Columbia. …

How To Beat a Driving While Prohibited Charge in BC Read More »

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