Kyla Lee on Global News BC: Driver given $109 traffic ticket for head-on crash that killed motorcyclist in Delta
The family of a motorcyclist killed in Delta are outraged that the driver behind the accident walked away with nothing more than a traffic ticket. Rumina Daya has more.
Carmen Smith had been married for just five days when her husband was killed in a crash.
“I had sympathy cards mixed with wedding cards on my mantel,” she said.
Brad Smith died when a car crossed the centre line and hit him as he was riding his motorcycle. The driver of the car was given a ticket of just over $100.
“You never thought you’d have to start over again,” Carmen said. “And you have all these plans that you’re going to do and then they just don’t happen. They’re gone.”
Delta Police say the roads were dry when the driver of a red Malibu crossed a double-solid line on Nordel Way on Aug. 9 and smashed into Brad’s motorcycle head-on.
Police say mechanical issues and impairment were not factors in the crash.
Delta police say they conducted a thorough investigation but they still don’t know why the driver crossed the yellow centre line.
They concluded there was not enough evidence to recommend criminal charges.
The driver received a $109 traffic ticket for crossing a double-solid line.
“It’s sad that somebody’s life is worth three points and a $109 ticket,” Carmen said.
Lawyer Kyla Lee says proving criminal negligence causing death is extremely difficult.
“It really comes down to looking at the moral blameworthiness of the individual,” Lee said.
“The standard is very high. The prosecutors basically have to prove that the conduct of the driver was a marked departure from the driving of a reasonably prudent driver on any given day.”
To read Jon Azpiri and Rumina Daya's article for Global BC in full, click here.
Kyla Lee - Vancouver Criminal Lawyer
Vancouver Criminal Lawyer Kyla Lee is available to give interviews on all variety of criminal law topics, including drunk driving rulings and Immediate Roadside Prohibition legislation. Kyla Lee has appeared on Global BC, CBC, in the Vancouver Sun, and other media throughout BC. She is a leader in developments in drinking and driving law in British Columbia.