CASE LAW - R v Beheshti
This case involves Doctor Benham Beheshti who was a physician at a hospital in Port Moody and lived in Vancouver. On August 30, 2015 he was on call and summoned to the hospital to treat a seriously ill patient. He was stopped for speeding on Pender Street and issued a traffic ticket by a member of the Vancouver Police Department.Dr. Beheshti failed to dispute the ticket and was deemed convicted. He applied successfully to have the deemed conviction set aside and a have trial date set. He retained legal counsel and after last minute consultation entered a plea of guilty to the offence and was fined $100.00.
Dr. Beheshti wished to appeal this conviction on the grounds that his legal counsel was ineffective, that counsel failed to tell him that he was required to be present at the hearing, that he was entitled to the defence of necessity and that the judicial justice had erred in failing to grant him the adjournment requested by his counsel.
Mr. Justice Greyell decided that there were no special circumstances to support granting the application. Of particular interest is the following statement:
 The law, in my view, is clear that the offence of speeding is an absolute liability offence such that the defence of “necessity” is not available to Dr. Beheshti.
In short, there is no excuse for speeding.