• False Creek at night

Our Successes

Driving Charges

R. vs. S.J. – Port Coquitlam Provincial Court

Charge: Driving While Prohibited.

Issue: Whether the crown would be able to prove that our client was the driver of the vehicle.

Result: We were able to persuade Crown counsel that there was problem with the identification evidence and, therefore, to proceed on the lesser offence of driving without a valid driver’s licence.  Rather than a one year minimum driving prohibition, our client was sentenced to a $500 fine. No driving prohibition.

R. vs. B.M. – Vancouver Provincial Court

Charge: Driving While Prohibited.

Issue: Whether it was appropriate for Crown counsel to proceed on this charge, which carries a mandatory minimum 12 month driving prohibition.

Result: Mr. Johnson was able to persuade Crown to proceed on the lesser offence of driving without a valid driver’s licence. After hearing Mr. johnson’s submissions, the court imposed a $500 fine. No driving prohibition.

Y.Y. vs. Superintendent of Motor Vehicles – Review of Driving Prohibition

Charge: Notice of Intent to Prohibit.

Issue: Whether RoadSafety BC had appropriate reasons to prohibit our client from driving for 4 months.

Result: Mr. Johnson was able to persuade the Superintendent’s adjudicator that the 4 month driving prohibition was not warranted. The driving prohibition was reduced to 2 months.

R. vs. D.I. – Vancouver Provincial Court

Charges: Dangerous Driving Causing Bodily Harm; Driving Without Due Care and Attention.
Issue: Whether it was appropriate for Crown to charge our client under the Criminal Code or the Motor Vehicle Act in regard to an accident where our client’s vehicle struck a cyclist from behind, causing serious injury.
Result: Mr. Mines was able to provide information to Crown which resulted in Crown proceeding under the Motor Vehicle Act. After hearing Mr. Mines’ submissions, the Court sentenced our client to a $1000 fine and limited his ability to drive for 12 months. No criminal conviction. No loss of insurance coverage. No jail.

R. vs. E.N. – Vancouver Provincial Court

Charge: Driving While Prohibited (MVA).
Issue: Whether it was in the public interest to proceed with the charge as laid, which carries a mandatory 12 month driving prohibition upon conviction.
Result: Mr. Mines was able to persude Crown counsel to proceed on the lesser offence of Driving without a Valid Licence. Our client recived a $200 fine and a 2 month driving prohibition.

R. vs. C.M. – Vancouver Provincial Court (Traffic)

Charge: Using an Electronic Device while Driving; Speeding.
Issue: Whether the police officer could prove that our client had committed the offences.
Result: After Mr. Johnson conducted the trial and made submissions to the trial judge, the court adjourned twice to provide its decision. On the second date, the court still had not reached a decision whereupon the officer withdrew the violation ticket. No convictions, no fines, no penalty demerit points.

R. vs. L.H. – Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with this charge that calls for a one year mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid driver’s licence. Our client received a fine, but after hearing Mr. Johnson’s submissions, the Court did not impose a driving prohibition.

R. vs. S.M. – Motor Vehicle Fatality Investigation

Charge: Criminal Negligence Causing Death; Dangerous Driving Causing Death.
Issue: Whether the evidence against our client was sufficient for Crown to approve charges.
Result: Mr. Johnson provided information to police and ICBC on our client’s behalf. Upon considering this information, police concluded that there was insufficient evidence to recommend charges. No jail, no conviction, no charge, no criminal record.

T.T. vs. The Queen – Vancouver Supreme Court (Appeal Div.)

Charge: Violation Ticket, Conviction Appeal.
Issue: Whether there was a legitimate reason for missing the appeal deadline and whether there was merit to the appeal.
Result: After hearing Mr. Mines’ submissions, the Appeal Court granted the application to extend time, allowed the appeal and quashed the conviction.

R. vs. A.S. – Vancouver Traffic Court

Charge: Speeding.
Issue: Whether the officer was able to say with certainty that it was our client’s car that he had recorded as speeding with his laser device; whether there was a public interest in proceeding.
Result: After considering Mr. Mines’ submissions, the police officer withdrew the violation ticket.

R. vs. A.C. – Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether our client would be sentenced to the mandatory minimum 12 month driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser offence of driving without a licence. After hearing Mr. Johnson’s submissions, the Court imposed a fine and a 2 month driving prohibition.

R. vs. R.J. – Chilliwack Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge, which carries a minimum mandatory penalty of a 12 month driving prohibition.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid licence. After hearing Mr. Mines’ submissions, the court imposed the minimum $300 fine. No driving prohibition.