R. v. Watson Date:, 2011 BCPC 447

Citation: R. v. Watson Date: 20111125 2011 BCPC 0447 File No: 183683-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. PHILIP JOHN WATSON ORAL REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE K.W. BALL Counsel for the Crown: W. Skolrood Appearing in person: P. Watson Place of Hearing: Surrey , B.C. Date of Hearing: November 25, 2011 Date of Judgment: November 25, 2011

[ 1 ] THE COURT : Mr. Watson is before the court this afternoon on a single-count Information 183683, which alleges that on or about the 23rd of June 2010, at or near Delta, in the Province of British Columbia, he did drive a motor vehicle on a highway or industrial road, knowing he was prohibited from driving a motor vehicle pursuant to s. 94.2 of the Motor Vehicle Act , contrary to s. 95(1) of the Motor Vehicle Act . [ 2 ] Documents have been produced and exhibited. The first in time is a document, which was marked Exhibit 3, in these proceedings, a Notice of Driving Prohibition. Mr.

Watson was apparently involved in an impaired driving investigation where he was charged with failing or refusing, without reasonable excuse, to comply with a demand made on him to supply a sample of his breath or blood, pursuant to s. 254 of the Criminal Code . That document was completed by Cst. Din of the Delta Police Department, who gave evidence before me today. There is a Certificate of Service on that document which indicates that it was served on the accused on the 9th day of May 2010.

It is very clearly entitled "Notice of Driving Prohibition," and the document states on its face, "You have the right to have this driving prohibition..." again the word "prohibition" is clear, "...reviewed by the Superintendent of Motor Vehicles under s. 94.4 of the Motor Vehicle Act ." [ 3 ] We have heard no evidence of any application for a review in this case. I therefore proceed on the basis that no review was sought. Mr.

Watson has given evidence and made no mention of any review. [ 4 ] The document then clearly says: If you do not apply for a review, or if your review is unsuccessful, then pursuant to s. 94.2 of the Motor Vehicle Act , you are prohibited from driving a motor vehicle for 90 days effective 21 days from the date this Notice of Driving Prohibition is served on you. [ 5 ] Mr. Watson acknowledges that on the 23rd of June 2010 he was driving a motor vehicle in Delta on a highway.

By all accounts he is within the four corners of the charge set out in the Information. [ 6 ] He says that he somehow went to the licence office very shortly after the Notice of Prohibition had been served on him and apparently applied for another licence which was granted to him. That licence was invalid because he was prohibited from driving and the prohibition carries with it a prohibition from applying for a licence as well. [ 7 ] In all the circumstances here I am satisfied the Crown has proven its case beyond a reasonable doubt, in fact beyond any doubt whatsoever, and Mr.

Watson is guilty as charged. (REASONS FOR JUDGMENT CONCLUDED)