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Difference between revisions of "Motor Vehicle Law at the Roadside (13:III)"
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Motor Vehicle Law at the Roadside (13:III) (view source)
Revision as of 22:50, 28 September 2020
, 22:50, 28 September 2020no edit summary
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{{REVIEWED LSLAP | date= August 21, 2020}} | |||
{{LSLAP Manual TOC|expanded = motor}} | {{LSLAP Manual TOC|expanded = motor}} | ||
Most motor vehicle law issues begin at the roadside, in an interaction with a police officer, or other peace officers. This section discusses common issues encountered at the roadside, and provides an outline of your rights when you are stopped by a peace officer. | Most motor vehicle law issues begin at the roadside, in an interaction with a police officer, or other peace officers. This section discusses common issues encountered at the roadside, and provides an outline of your rights when you are stopped by a peace officer. | ||
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Courts have upheld the rules enforcing mandatory seat belt use as they are held not to be an infringement of an individual’s ''Charter'' rights. The provisions are integral to the broad legislative scheme promoting highway safety and minimizing the overall human and economic cost of accidents. The alleged infringement of a person’s right to free choice is so insignificant that it cannot be considered a measurable breach of ''Charter'' rights: [https://www.canlii.org/en/bc/bcca/doc/1987/1987canlii2453/1987canlii2453.html?autocompleteStr=r%20v%20kennedy%2C%20%5B1987%5D%20&autocompletePos=1 ''R v Kennedy'', [1987<nowiki>]</nowiki> BCJ No 2028, 18 BCLR (2d) 321 (CA)]. | Courts have upheld the rules enforcing mandatory seat belt use as they are held not to be an infringement of an individual’s ''Charter'' rights. The provisions are integral to the broad legislative scheme promoting highway safety and minimizing the overall human and economic cost of accidents. The alleged infringement of a person’s right to free choice is so insignificant that it cannot be considered a measurable breach of ''Charter'' rights: [https://www.canlii.org/en/bc/bcca/doc/1987/1987canlii2453/1987canlii2453.html?autocompleteStr=r%20v%20kennedy%2C%20%5B1987%5D%20&autocompletePos=1 ''R v Kennedy'', [1987<nowiki>]</nowiki> BCJ No 2028, 18 BCLR (2d) 321 (CA)]. | ||
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