Alexander Hamilton

The Crown appealed the dismissal of a Charter section 11(b) delay application and challenged the conviction for failing to comply with section 159(3) of the Highway Traffic Act.

The respondent was charged with failing to slow down, proceed with caution, and change lanes when approaching an emergency vehicle with flashing lights on a multi-lane highway.

The trial justice dismissed the delay application and convicted the respondent.

On appeal, the court upheld both the dismissal of the delay application and the conviction, finding that the delay was largely attributable to the respondent's actions and that the respondent failed to comply with all three obligations under section 159(3).

The defendant was charged with failing to move over, if safe to do so, contrary to section 159(3) of the Highway Traffic Act.

The defendant was operating a motor vehicle in Lane 1 of a three-lane highway when he approached a police cruiser parked on the left shoulder with emergency lights activated.

The defendant did not reduce his speed while passing the police vehicle.

The court found that the defendant breached section 159(3) by failing to reduce speed and proceed with caution, which are mandatory requirements under the statute.

The court did not need to consider whether the defendant could have safely moved to another lane, as the failure to slow down was sufficient for conviction.