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

FVRL launches online library cards

FVRL’s services have evolved

Abbotsford family of 5 who was stuck in Vietnam is now back home

Janzen family sends ‘huge and heartfelt’ thank you to everyone who helped

Man who tries to start gas-station fight gets sprayed with gasoline

Suspect returns with knife but is quickly arrested by Abbotsford police

Future is an unknown for Mission food banks

Charitable organizations are managing for now, but fear donations may slow while demands increase

Abbotsford’s Menno Place asks for donations of protective equipment for staff

B.C.’s largest senior care facility houses 700 residents and employs 700 staff

Trudeau rejects mandatory stay-at-home order for now; COVID deaths up

The virus has now infected more than 10,000 Canadians and cost 130 their lives

B.C. health care workers gain access to virtual health care options

During COVID-19 many clinics have closed, leaving health care workers with nowhere to turn

Tax collectors, auditors to help field ‘historic’ numbers of benefit-seeking callers

‘If you work for CRA, people think we are just there to take money from your pockets.’

Cowichan couple won’t self-isolate after returning from overseas

New law requires 14 days of self-isolation when returning to Canada

Family uses social media to help truckers find places to eat during pandemic

Restaurants Serving Drivers in Western Canada seeks to provide a list of places open for drivers

Advocates sound alarm over COVID-19 limiting access to contraceptives, abortion

The COVID-19 outbreak has hit sexual-health services from almost every angle

Celebrate Easter in a ‘safe way,’ Dr. Henry urges as B.C records 6 new COVID-19 deaths

Top doctor urges British Columbians to halt non-essential travel within the province

B.C. health officer says homemade masks may prevent spread of COVID-19 to others

Practising physical distancing, frequent hand washing and resisting touching your face are proven methods

Most Read