• False Creek at night

Our Successes

Driving Charges

R. vs. S.W. – Richmond Provincial Court

Charge: Refusing to comply with a testing demand.

Issue: Given the circumstances of the offence and our client, whether it was in the public interest to proceed with the criminal prosecution.

Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser Motor Vehicle Act offence of driving without due care. Rather than a criminal conviction and a minimum 12 month driving prohibition, our client was liable to pay a $350 fine and a 2 month driving prohibition. No criminal record.

R. vs. H.S. – North Vancouver Provincial Court

Charge: Driving While Prohibited.

Issue: Given the circumstances of the offence and our client, whether it was necessary for Crown to proceed with the driving while prohibited charge, which carries a mandatory minimum 12 month driving prohibition.

Result: Mr. Johnson was able to persuade Crown to proceed on the lesser Motor Vehicle Act charge of driving without a driver’s licence. After hearing Mr. Johnson’s submissions our client was sentenced to a fine and a 4 month driving prohibition.

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

Charge: Driving While Prohibited.

Issue: Whether it was in the public interest to proceed with the charge.

Result: Mr. Johnson was able to persuade Crown to proceed on the lesser offence of driving without a valid licence. Rather than a mandatory minimum 12 month driving prohibition, our client was sentenced to a $300 fine and a 3 month prohibition.

R. vs. P.H.S. – Vancouver Provincial Court

Charge: Driving While Prohibited.

Issue: Whether it was in the public interest for Crown to proceed with the charge.

Result: Mr. Johnson was able to persuade Crown to allow our client to plead to s. 24(1) of the Motor Vehicle Act. Rather than the mandatory minimum 12 month driving prohibition, our client was sentenced to a $300 fine and a two month driving prohibition.

R. vs. T.K.- Abbotsford Provincial Court

Charge: Driving without consideration; driving past police vehicle; speeding.

Issue: Whether it was in the public interest to proceed with all counts, which upon conviction would have led to a driving prohibition.

Result: Mr. Mines was able to negotiate a resolution where our client pleaded guilty to only a three point speeding ticket and police withdrew the remaining counts. Our client was sentenced to a fine. No driving prohibition.

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

Charge: Driving while Prohibited.

Issue: Whether it was in the public interest to proceed with this charge which carries a one year mandatory minimum driving prohibition.

Result: Mr. Johnson was able to persuade Crown counsel to permit our client to resolve this matter by pleading guilty to the lesser offence of driving without a valid licence. Our client was sentenced to a fine. No driving prohibition.

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.