R. v. Dadmand Date:, 2012 BCPC 301
Opinion
Citation: R. v. Dadmand Date: 20120112 2012 BCPC 0301 File No: AH59199721 Registry: North Vancouver IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. NATA MARYAM DADMAND EXCERPTS FROM PROCEEDINGS REASONS FOR JUDGMENT OF THE JUDICIAL JUSTICE P. LIM Appearing as Crown Counsel: Constable P. Yong Appearing on her own behalf: Nata Dadmand Place of Hearing: North Vancouver , B.C. Date of Judgment: January 12, 2012 [ 1 ] THE COURT: We are dealing with Violation Ticket AH59199721 for Nata Maryam Dadmand. On this violation ticket Ms.
[ 1 ] THE COURT: We are dealing with Violation Ticket AH59199721 for Nata Maryam Dadmand. On this violation ticket Ms. Dadmand stands charged with the offence of a U-turn in a business district, contrary to
section 168(b)(
v) of the Motor Vehicle Act . [ 2 ] In this case, both parties agree that on this occasion, evening of the 17th of February 2011, Ms. Dadmand was stopped by Officer 46601, given the violation ticket being disputed this afternoon. Both parties agree this incident did take place on Lonsdale in North Vancouver, B.C. [ 3 ] The testimony of Officer 46601 is that on this occasion he was southbound on Lonsdale.
He had just cleared the intersection of 19th when he observed a northbound vehicle change lanes and turn to proceed southbound, reversing its course of travel. [ 4 ] As a result, he stopped the vehicle, the driver produced B.C. driver's licence in the name of Dadmand and resembled the photograph thereon. The officer served Ms. Dadmand with her violation ticket. [ 5 ] Ms. Dadmand gives evidence in this case, indicates this was a difficult day for her. Her mom had been diagnosed with cancer, and as a result she was unable to eat.
She stopped at a gas station on Lonsdale and proceeded as no one was there to open the bathroom for her. She decided to go to the hospital. She believes what she did didn't constitute a U-turn. [ 6 ] I am satisfied in this case, upon consideration of the evidence before me, Ms. Dadmand did proceed from northbound to southbound, which is a reversing of direction. I am satisfied Crown proved the charge beyond reasonable doubt. (REASONS FOR JUDGMENT CONCLUDED)
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