A driver who was ticketed for speeding on the Malahat Highway near Langford, B.C., has been cleared, after arguing he had no choice but to speed in order to get away from a semi-trailer coming down the hill behind him.
Gabriel Milne was pulled over after an RCMP officer on patrol caught him breaking the speed limit in a passing lane on the Malahat Highway, just outside Langford on March 26, 2019.
Milne was charged with speeding under the Motor Vehicle Act, but fought the charge in B.C. Provincial Court. Using the defence of necessity, he argued he had to speed to protect his personal safety.
Justice Hunter Gordon sided with Milne in his decision last week, changing his mind after an initial “gut reaction” told him to dismiss the argument.
“[Milne] honestly believed, on reasonable ground, that he faced a situation of imminent peril that left no reasonable legal alternative open,” wrote Gordon.
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This report was posted by Rhianna Schmunk from CBC News