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)

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

Just Posted

The first Pfizer-BioNTech COVID-19 vaccine dose in Canada is prepared at The Michener Institute in Toronto on Monday, Dec. 14, 2020. THE CANADIAN PRESS/Frank Gunn
One death, 39 new cases of COVID-19 in Interior Health

There are 484 active cases of the virus in the region currently

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
65 new cases of COVID-19 in Interior Health

Overall, B.C. is seeing a decrease in COVID-19 cases

FILE - In this April 19, 2021, file photo, Keidy Ventura, 17, receives her first dose of the Pfizer COVID-19 vaccine in West New York, N.J. States across the country are dramatically scaling back their COVID-19 vaccine orders as interest in the shots wanes, putting the goal of herd immunity further out of reach. (AP Photo/Seth Wenig, File)
5 more deaths, 131 new cases of COVID-19 in Interior Health over the weekend

Those 18-years and older in high-transmission neighbourhoods can register for the vaccine

District of Clearwater meetings are open to the public. The meeting agendas and past meetings minutes can be viewed on the DOC's website. Every meeting has time allocated at the end for comments from the public.
District of Clearwater hires new chief adminstrative officer

The new CAO will arrive at the end of June.

A medical worker prepares vials of the COVID-19 vaccines, Chinese Sinopharm, left, Sputnik V, center, and Pfizer at a vaccine centre, in the Usce shopping mall in Belgrade, Serbia, Thursday, May 6, 2021. Serbian authorities are looking for incentives for people to boost vaccination that has slowed down in recent weeks amid widespread anti-vaccination and conspiracy theories in the Balkan nation. The government has also promised a payment of around 25 euros to everyone who gets vaccinated by the end of May. (AP Photo/Darko Vojinovic)
38 new COVID-19 cases, more than 335k vaccines administered in Interior Health

Interior Health also to start targeted vaccinations in high transmission neighbourhoods

B.C. Labour Minister Harry Bains in the B.C. legislature, May 13, 2019. (Hansard TV)
VIDEO: B.C. to provide 3 days of sick pay for COVID-19 absences

Province will support employers on cost, labour minister says

BC Housing minister David Eby. (THE CANADIAN PRESS/Chad Hipolito)
Eby jabs back against Penticton mayor’s ad urging BC Premier to intervene in shelter dispute

Eby writes that Penticton’s ‘serious’ social issues won’t improve under leadership of the mayor

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, April 29, 2021. (B.C. government)
B.C.’s COVID-19 rate creeps up again, 600 new cases Wednesday

One more death, 423 people in hospital with virus

B.C. Agriculture Minister Lana Popham takes questions in the B.C. legislature in 2017. (Hansard TV)
UPDATE: B.C. will fund another year of fresh fruit, vegetables, milk in schools

John Horgan government working on school meal program

Surrey RCMP is releasing sketches of a suspect in an “indecent act” at the Coyote Creek Elementary playground on April 30, 2021. Police said the suspect was clean-shaven “during some interactions” and on “other occasions had stubble outlining a goatee and mustache.” (Images: Surrey RCMP handout)
Vancouver mayor-elect Kennedy Stewart addresses supporters in Vancouver on Sunday, Oct. 21, 2018. THE CANADIAN PRESS/Darryl Dyck
Vancouver mayor says there’s no time to redo details of drug decriminalization plan

Kennedy Stewart says a federal election could see the small window of opportunity close on the city’s bid for an exemption from criminal provisions on simple possession of small amounts of drugs

Premier Mike Horgan received his first dose of a COVID-19 vaccine. (Facebook/John Horgan)
More than 50% of people eligible in B.C. have received 1st vaccine dose

‘We’ve made extraordinary progress together over the past few weeks,’ says Premier Horgan

Brad MacKenzie, advocacy chair for the ALS Society of B.C., says having research projects in the province allows people here to have access to cutting-edge treatments now being developed. (B.C. government video)
B.C. funds research chair for Lou Gehrig’s disease at UBC

Pandemic has cut off patient access to international projects

Most Read