Sask. man beats tail light ticket
Ticket citing 'inadequate tail lights' was inadequate, judge says
A Saskatchewan man who was given a traffic ticket because one of the tail lights on his vehicle was not working has beaten the citation — twice — in the courts.
A. Ian Pott was driving west of Shellbrook, Sask., on Nov. 19, 2009 when he passed a parked RCMP patrol car.
One of the officers noticed the driver's side tail light on Pott's vehicle was not illuminated and the man was pulled over and given a ticket.
According to a court decision recently published to an online legal database, the ticket said the violation was for "inadequate tail lights."
Pott fought the ticket, claiming it was too vague.
He won, first in provincial court and then — after the prosecutor filed an appeal — in the Court of Queen's Bench.
"[T]here is an obligation to particularize what tail light deficiency the vehicle had," Judge Dennis Maher said in his decision on the appeal. Maher noted there were five possible deficiencies listed in the regulations and said the Crown had an obligation to be specific.
"The respondent [Pott] is entitled to know what specific inadequacy the Crown are alleging with regard to his tail lights," Maher said. "[T]he regulations do not allow for a shot gun or multiple approach to the charge."
With that, the judge rejected the Crown's appeal and Pott was once again off the hook.