Client charged under BC’s Motor Vehicle Act with Driving without Due Care and Attention
The accused was driving a friend’s car and attempted to overtake a slower vehicle on Vancouver’s Marine Drive. Although there was a broken white line, a rise in the roadway effectively obscured the view of the accused in respect to oncoming traffic. When an oncoming vehicle appeared, the accused attempted to return to the right lane, lost control, and caused a serious accident.
Although the accused caused an accident, the circumstances were such that they did not depart significantly from the required standard of due care and attention to warrant a conviction.