Enno J. Meijers

Appeal from a conviction for careless driving under section 130 of the Highway Traffic Act.

The appellant was found guilty of careless driving after colliding with another vehicle on a snow-covered, icy road.

The appellant was travelling at a speed too fast for the conditions and was unable to stop when the vehicle ahead signalled and began a left turn.

The appellant argued the trial justice erred in assessing due diligence and in finding the speed was too fast for conditions.

The appellate court dismissed the appeal, finding the trial justice properly applied the legal test and had ample evidence to support the conviction.

An appeal of a conviction for "Turn not in safety" contrary to section 142(1) of the Highway Traffic Act.

The appellant was charged after her vehicle was struck by a motorcycle while she was making a left turn.

The trial justice found the appellant guilty of the strict liability offence, finding that although the appellant took some precautions (signaling, checking mirrors), she failed to ensure the turn could be made safely.

The appeal court upheld the conviction, finding ample evidence to support the trial justice's conclusion that the motorcycle was visible to be seen had the appellant taken reasonable steps, and that the last look she took was while already into her turn.