CASE LAW - R v Milne
This is a unique case that has created a bit of a media buzz since it's release. Gabriel Milne was driving on the Malahat Highway near Langford and chose to pass a small tourist bus that had slowed aggressively in front of him. He changed lanes to do this and during the lane change noticed a transport truck that was overtaking him move into the left lane as well.
Fearing a collision, Mr. Milne sped up, exceeding the posted speed limit, passed the tourist bus and then moved back to the right lane and slowed to the speed limit.
This all took place at a spot where Cst. Narraway of the Capital Regional District Integrated Road Safety Unit (IRSU) was working. He measured the speed of Mr. Milne's vehicle at 105 km/h in the 80 zone, waved him to the side and issued a speeding ticket.
Mr. Milne disputed the ticket, admitted that he was speeding, but justified his action using the defence of necessity. There was no other option open to him to avoid being rear ended by the transport truck.
Cst. Narraway was unable to provide the court with information about the transport truck and it's driver was not called as a witness.
Judicial Justice Gordon examines the defence of necessity and agreed with Mr. Milne, dismissing the ticket.