CASE LAW - R v Parmar
Tejveer Parmar was ticketed for speeding on Kittson Parkway in Delta. He testified at trial that another driver had continually pulled in front of his vehicle and braked. He decided that the only opportunity available to him was to exceed the posted speed limit and pass this vehicle in order merge safely into traffic. The traffic court justice convicted him for traveling 81 km/h in the 50 km/h zone.
Mr. Parmar appealed the conviction based on the fact that at his trial the traffic court justice did not listen to his explanations for exceeding the speed limit.
Madam Justice Murray discusses the defence of necessity as it applies to speeding. She found that the justice erred in not considering Mr. Parmar's defence, allowed the appeal, quashed the ticket conviction and acquitted him of speeding.