A BC speeder has caught a very lucky break.
According to the Metro News, a BC Supreme Court judge has ruled the Crown can’t take Jason Alan Dery’s motorcycle away, because he couldn’t find a precedent in other cases – he said forfeiture was usually used in marijuana cultivation cases, the Nanaimo Daily News says.
It all started back in July, 2011, when Dery was nabbed after doing 200 kph in a 60 zone, near Victoria, BC. The director of civil forfeiture wanted to seize his Ducati motorcycle, valued between $7,400 and $12,200, saying it was used to commit dangerous driving under the Criminal Code. Dery’s defense was that he was riding a long, straight road with good pavement in good weather, with no vehicles or pedestrians in sight.
B.C. Supreme Court Justice Gregory Bowden said he didn’t approve of Dery’s actions, but that the Crown hadn’t proved Dery’s actions were criminal dangerous driving, or that the bike was a “instrument of unlawful activity.”
Dery’s lawyer said the seizure of the motorcycle would have set a precedent, where the Crown could seize vehicles for speeding.
The judge also said Dery has been punished enough for speeding in the past to deter him in the future. Dery has 39 motor vehicle offenses since 1990, and five 24-hour driving suspensions, costing him $3,600.