Woman who drove down stairs in downtown Vancouver should fight charge: lawyer
Posted July 23, 2019 1:11 pm.
Last Updated July 23, 2019 2:00 pm.
This article is more than 5 years old.
VANCOUVER (NEWS 1130) – A woman whose SUV ended up on a stairwell outside a hotel in downtown Vancouver late last week should fight the fine and points on her record. That’s according to a lawyer who says there is more than one possible defence.
While that video has been the butt of jokes online, Kyla Lee with Acumen Law argues the section the driver has been charged under applies to highway driving — so shouldn’t apply to being on a stairwell.
“In this case, the woman was driving on a stairwell which is not a highway. And therefore, her driving doesn’t actually fall within the definition of that section.”
Lee argues the driver’s explanation itself offers a defence. The driver reportedly claims she dropped off her husband, got turned around, and thought she was going out an exit.
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“Because the offence is driving without due care and attention. If you’re paying attention and you make an honest mistake while paying attention, that doesn’t fall within the definition of the offence.”
Lee adds the Sheraton Vancouver Wall Centre could hold some responsibility, considering there used to be planters blocking the stairwell entrance which weren’t there on Friday.
“If they weren’t exercising reasonable care to ensure that drivers that they invited onto their property were adequately informed of where they were permitted to drive and where they weren’t, then the hotel could have some responsibility for the costs that the driver has incurred as a result of this.”
There has been no word yet on whether the driver will dispute the $368 fine.