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

Decorated car procession to visit Castlegar care homes

The event is taking place Friday morning

Castlegar and Trail Chevron offering free gas for front line workers

Health care, fire, police, paramedics included in offer

Grand Forks distillery shifts to make sanitizer

How a Grand Forks distillery is stepping up during the COVID-19 pandemic

From medical equipment to water treatment, Teck Trail is an essential service

” … Trail operations is one of a few, and in some cases, the only North American supplier.”

Kootenay gas prices among the highest in B.C

Gas prices are up to 10 cents higher than other neighbouring B.C. regions

‘The Office’ star John Krasinski offers Some Good News in trying times

‘The human spirit still found a way to break through and blow us all away’

No laws in B.C. to force businesses to offer refunds, even during a pandemic

Black Press Media talks to Consumer Protection BC on how to navigate during COVID-19

COVID-19 essential workers can apply for B.C. pre-school child care

Parent referral opens, providers offered emergency funding

Most abiding by COVID-19 rules, back fines, arrests of those who aren’t: poll

But 64 per cent said they’ve personally witnessed people not respecting the measures

Walkers, grocery store customers courteous with physical distancing in B.C.

Some cyclists also acknowledge each other and walkers as well on a wide trail

B.C. worker advocate group calls for more sick days, protected medical leave

COVID-19 highlights need for changes to workers legislation: Retail Action Network

New rules issued for B.C. construction projects, work camps for COVID-19

Coastal GasLink, LNG Canada, Trans Mountain and Site C carry on

Most Read