RECENT SUCCESSES
V.L. vs. Superintendent of Motor Vehicles
March 11, 2009
| Charge: | Driving Prohibition. |
| Issue: | Whether, in the circumstances, it was appropriate to prohibit Mr. Mines' client from driving. |
| Result: | Mr. Mines was able to persuade the adjudicator to not prohibit his client from driving, but to instead place him on probation. |
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M.H. vs. Superintendent of Motor Vehicles
February 17, 2009
| Charge: | 90 Day Administrative Driving Prohibition |
| Issue: | Whether Mr. Mines' client would be permited to drive pending the Judicial Review of his 90 day prohibition from driving. |
| Result: | Mr Mines was able to obtain a stay of the prohibition, allowing his client to resume driving on an interim basis. |
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R. vs. V.N. - Vancouver Provincial Court
February 02, 2009
| Charge: | Dangerous Driving; Hit & Run; Impaired Driving; Over .08; Driving While Prohibited. |
| Issue: | Whether it was appropriate for Mr. Mines' client to be convicted of all charges. |
| Result: | Mr. Mines persuaded Crown Counsel to proceed only on the single count of Driving Over .08. The court fined Mr. Mines client and prohibited him from driving. Crown enered stays of proceedings on the more serious criminal charges. No jail. |
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R. vs. N.K. - Port Coquitlam Provincial Court
January 23, 2009
| Charge: | Driving while Prohibited. |
| Issue: | Whether it was appropriate for Mr. Mines' client to be subject to a further 12 month driving prohibition. |
| Result: | Mr. Mines was able to persuade Crown Counsel to proceed on the lesser offence of Driving Without a License, contrary to s.24 of the Motor Vehicle Act. The court imposed a 3 month driving prohibition and a fine. |
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R. vs. J. H. - Vancouver Provincial Court
January 14, 2009
| Charge: | Driving While Prohibited. |
| Issue: | Whether the Crown could prove that Mr. Mines' client knew that he was prohibited from driving. |
| Result: | Midway through the trial, after considering Mr. Mines' representations, Crown Counsel agreed to accept a guilty plea to the lesser offence of driving without a licence pursuant to the Motor Vehicle Act. Mr. Mines' client received a fine instead of a jail sentence. The court imposed no further driving prohibition. |
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R. vs. J.A. - North Vancouver Provincial Court
December 04, 2008
| Charge: | Dangerous Driving. |
| Issue: | Whether the Crown would be able to prove that the driving, which resulted in an accident that caused almost $90,000 in property damage, amounted to a criminal offence. |
| Result: | Mr. Mines was able to persuade Crown counsel to proceed on a lesser charge under the Motor Vehicle Act. Three month driving prohibition; No loss of insurance coverage; No criminal record. |
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S.K. vs. Superintendent of Motor Vehicles
November 04, 2008
| Charge: | 90 Day Administrative Driving Prohibition. |
| Issue: | Whether the investigating police officer had submitted a Report to Superintendent in the proper form. |
| Result: | The Adjudicator agreed with Mr. Mines' submission that the report was not properly filed. The driving prohibition was cancelled, allowing Mr. Mines' client to continue driving. |
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J.R. vs. Superintendent of Motor Vehicles
November 03, 2008
| Charge: | 90 Day Administrative Driving Prohibition. |
| Issue: | Whether the investigating police officer had submitted a Report to Superintendent in the proper form. |
| Result: | The adjudicater agreed with Mr. Mines' submission that the police report to Superintendent was flawed. The prohibition was cancelled, allowing Mr. Mines' client to continue driving. |
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J.A. vs. Superintendent of Motor Vehicles
September 08, 2008
| Charge: | Driving Prohibition. |
| Issue: | Whether, in the circumstances, it was appropriate to prohibit Mr. Mines' client from driving. |
| Result: | Mr. Mines was able to persuade the adjudicator to reduce the prohibition from 6 months to 3 months. |
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D.F. vs. Superintendent of Motor Vehicles
July 10, 2008
| Charge: | Reveiw of 90 Day Administrative Driving Prohibition. |
| Issue: | Whether the adjudicator had sufficient material from the investigating police officer to uphold the driving prohibition imposed upon Mr. Mines' client. |
| Result: | After hearing Mr. Mines' submissions, the adjudicator refused to grant an adjournment of the hearing and Mr. Mines' client's driving prohibition was cancelled, allowing him to continue driving. |
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