In what circumstances will a defendant be found guilty of dangerous driving when he strikes a cyclist he was attempting to pass while driving at an excessive speed?
Ontario, Canada
The following excerpt is from R. v. Sippel, 2016 ONSC 4742 (CanLII):
In a case that is very similar f actually to this one the accused was found guilty of dangerous driving when he struck a cyclist he was attempting to pass while traveling at a speed of 110 km/hour in an 80 km/hour zone (R v. Weldon [2008] O.J. No. 725 (C.J.)). There was no evidence of any inappropriate driving other than the excessive speed. De Filippis J. found that trying to pass a cyclist at a speed of 30 km/hour over the posted limit while cresting a hill was a marked departure from the manner in which a reasonable person would drive in the same circumstances.
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