Q&A - Legal Defences for a 144(1)(c) Ticket?
I'm disputing a ticket issued for a 144(1)(c), Speed relative to road conditions, and I'm wondering what is admissable as a legal defence for the violation.
I'd been travelling northbound in snowy conditions, and I was travelling at 40 kms, with a posted limit of 50. I was operating a Mazda MPV, with snow tires and four wheel drive engaged, and was in the left hand lane because it was more traveled, hence clearer. I decided to reduce speed further coming up on the intersection, and began applying brakes gently. It was a curved intersection, and as I entered the intersection, my tires hit the ruts from the turn lane, and I lost control and hit a lamp standard in the intersection. My glasses flew off my face on impact, leaving me mostly blind, and my phone had been laid out on the passenger seat. I quickly turned off the vehicle, and began fumbling for my glasses. Once I had glasses in hand, I exited the vehicle on the drivers side to open the passenger side, where I recovered my phone from the floor and used it to call 911. Afterwards the police arrived to take my statement, and it was then that I was issued a ticket for speed relative to conditions.
However, I've tracked down some case law, R. v. Orban 2007 BCSC 760 (CanLII), 2007 BCSC 760, in particular this portion: "It is trite law that one cannot be found guilty of operating a motor vehicle contrary to section 144(1)(c) of the Motor Vehicle Act solely on the basis of an accident having occurred. A reasonable doubt threshold is not met by this one factor."
So I'm hoping I'll be able to dispute that I had been travelling at a 20% speed reduction to account for road conditions, with a vehicle equipped with snow tires and in four wheel drive, despite previous traffic flow up Bowen which had been travelling at up to 50 kilometers, and that I had taken every precaution against an accident that any reasonable person would have.
But again, I am curious to know the accepted legal defences for speed relative to road conditions. And I happen to be going to court in a little under three and a half hours.