A Victoria man was aquitted of a speeding charge after the judge found it was necessary for him to accelerate in that moment. (Instagram/bokarrasvlogs)

B.C. man acquitted of speeding after judge agrees he needed to accelerate to avoid truck

Gabriel Raoul Nicol Milne was issued a speeding ticket in March of 2019

A Victoria man was acquitted of a speeding charge issued on the Malahat because the judge found it was necessary for him to accelerate at that moment.

Gabriel Raoul Nicol Milne was issued a speeding ticket in March 2019, and while he never contested that he was speeding, Milne’s defence was necessity.

The incident took place on a short stretch of the Trans-Canada Highway that descends southbound towards Greater Victoria, just past the South Shawnigan Lake turn off. The two-kilometre stretch is the last opportunity for drivers to pass before reaching Westshore Parkway.

In a judgment posted on Feb. 27,Justice Hunter Gordon noted the Malahat has been the scene of numerous serious and deadly accidents, which are often attributable to speed, but stated that this particular stretch of the road has contributed considerable revenue to provincial and municipal coffers.

READ ALSO: Driver ticketed $109 after truck spotted in downtown Victoria plastered with TV-sized advertisements

Gordon pointed to the fact that in December alone on this short stretch of the road there were 19 excessive speed tickets issued on one day and on another day that month, 63 speeding tickets were issued, including 10 for excessive speeding.

Milne testified that he had been traveling in the right lane behind a small tourist bus, which had started to slow aggressively. Not wanting to get stuck behind the bus as he was approaching the long stretch of single-lane highway, Milne pulled out to pass it.

As he pulled into the left lane, Milne noticed a large transport truck that had also moved into the right lane directly behind him at the same time and “was so close that given its size and speed he feared it would rear-end him.”

READ ALSO: Police impound 19 vehicles for excessive speed on Malahat

Fearing for his safety, Milne accelerated before pulling into the right lane in front of the tourist bus and slowing his speed. Several hundred meters past the point where the two lanes merged to one, at the bottom of the hill, was an officer with the Capital Regional District Integrated Road Safety Unit. The officer clocked Milne at 105 km/hr, more than 20 km/hr over the posted limit.

According to Milne, he made the point of why he was speeding to the officer when he was stopped, although the constable could not recall this and didn’t make any note of it.

“Such an excuse is not uncommon in traffic court and such a defence might open the flood gates,” stated Gordon, adding that he found Milne to be a credible witness.

Gordon found that once Milne had made the decisions to move to the left lane and pass the tourist bus, he committed himself to do so and only then realized the truck behind him was “bearing down” on him.

“I find that he increased his speed only until he was safely past the tourist bus and he then pulled back to the right lane out of harm’s way and slowed to the posted speed. The harm of speeding was proportional to the harm of an imminent accident,” stated Gordon.



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Drivingspeed limits

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A second wave of COVID-19 is probable, if history tells us anything

B.C.’s top doctor says that what health officials have learned this round will guide response in future

Alert Bay: COVID-19 cases go from 30 to zero thanks to health and emergency planning

Dr. Cutfeet says community leadership set Alert Bay up for success

Kwakiutl First Nation cautiously eases restrictions around COVID-19; Gwa’sala-‘Nakwaxda’xw to remain locked down for now

Both First Nations near Port Hardy have no COVID-19 cases, and are prioritizing community safety

Pacific Coastal Airlines will resume service next month

‘We are pleased to confirm that we will be resuming scheduled service on June 1, 2020’

MP Rachel Blaney feels low-income boost for seniors falls short, but is pleased with the support for commercial fishers

‘Seniors in our communities have been asking for help with additional costs due to COVID-19’

LIVE: Procession to honour Snowbirds Capt. Jennifer Casey comes to Halifax

Snowbirds service member died in a crash in Kamloops one week ago

RCMP facing ‘systemic sustainability challenges’ due to provincial policing role

Provinces, territories and municipalities pay anywhere from 70 to 90 per cent of the cost of the RCMP’s services

One man dead after standoff with Chilliwack RCMP

The Independent Investigations Office of B.C. is investigating the RCMP’s role in the death

B.C. employers worry about safety, cash flow, second wave in COVID-19 restart

A survey found 75 per cent of businesses worry about attracting customers

Ex-BC Greens leader Andrew Weaver says province came close to early election

Disagreement centred on the LNG Canada project in northern B.C.

Canada’s NHL teams offer options to season-ticket holders

Canadian teams are offering refunds, but also are pushing a number of incentives to let them keep the money

B.C. premier says lessons to learn from past racism during response to pandemic

B.C. formally apologized in the legislature chamber in 2008 for its role in the Komagata Maru tragedy

Snowbirds to remain at Kamloops Airport indefinitely after fatal crash

small contingent of the Snowbirds team is staying in Kamloops, acting as stewards of the jets

Oak Bay man stumbles upon eagle hunting seal, grabs camera just in time

The eagle did ‘a perfect butterfly stroke to shore’ with its prey, photographer says

Most Read