Legal information capsules| Ticket for speeding |
|
The defendant was arrested for driving his vehicle at a speed of 127km / h in a 70 zone. As obstetrician and the only in duty that day, he went urgently to the hospital following the admission of a pregnant patient who presented a serious health problem that could jeopardize her life and her baby.
The defendant alleges that given time, there was almost no traffic and he felt it did not present a risk by traveling at that speed. The Municipal Court of Laval relied on the judgment Perka who set clear conditions for a defense of necessity. There was an imminent danger, the life of a person was in danger unless prompt medical intervention, the defendant was the only obstetrician available, no other legal remedy was open to him and the harm caused was less than the one we wanted to avoid, given the lack of traffic at this hour and day. JE 2011-1663 |