Lawyer offers pro bono support for speeding Nanaimo grandmother

Lawyer offers pro bono support for speeding Nanaimo grandmother
WatchA Vancouver lawyer is vowing to defend a Nanaimo grandmother pro bono, after the 72-year-old was charged with excessive speeding, had her car impounded and was billed $2,800.

When retired RCMP traffic officer Dave Hay hits the roads of Vancouver Island, there’s not a stretch from Port Hardy to the Malahat that doesn’t bring back a memory of a crash he’s responded to.

“I would come up to a crash scene especially a really, really bad one,” said the retired RCMP officer.

“And you know that your life is going to change as well as everyone else’s because of what’s happened in front,” he said.

Hay did not have much sympathy after hearing about Penny Hamilton’s shock after the she was caught speeding 50 kilometres over the speed limit near Ladysmith Saturday, leading to her car being impounded Saturday and a $2800 bill.

“To tow my car away is astounding,” the 72-year-old Nanaimo resident told CHEK News Monday.

“I said this makes no sense why are you doing this? He said this is nothing. I’m taking your car for seven days,” she said.

Hay said if a collision happened, the situation would have been bad.

“If you’re doing 50 kilometres over the speed limit, the consequences would have been horrific,” he said.

After seeing the CHEK News story, Vancouver lawyer Kyla Lee immediately offered to defend the Nanaimo senior pro bono.

“I just thought it was horrible that the police weren’t exercising discretion” said Lee.

“That the police weren’t exercising discretion,” said the Vancouver based lawyer.

According to Lee, Hamilton’s defence of speeding up to avoid an erratic driver is one argument she could make in court. The other is the senior’s perfect driving record.

“”When I see situations where I see vulnerable people like senior citizens and people on a fixed income given the worst penalty in a situation where I don’t view it’s appropriate to me,” said Lee.

“It’s my responsibility as a lawyer to step in and try to help these individuals out.”

However, Hay said the woman’s guilt though appears cut and dry.

“The laws of physics apply to everyone in a crash,” he said.

“Whether you’re a nice person, not a nice person, old, or young. You hurt, you break and you die just the same.”

Hay hopes the law will be upheld in this case too.

Skye RyanSkye Ryan

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