Regulatory Motor Vehicle Offences: Difference between revisions
m Text replacement - "'''([a-zA-Z]+ [a-zA-Z]+ [a-zA-Z]+ [a-zA-Z]+ [a-zA-Z]+)'''<Br>" to "; $1" |
|||
| Line 4: | Line 4: | ||
All provinces have some form of motor vehicle offence relating to careless driving.<ref> | All provinces have some form of motor vehicle offence relating to careless driving.<ref> | ||
ON: s. 130 (careless driving) Highway Traffic Act<Br> | ON: s. 130 (careless driving) Highway Traffic Act<Br> | ||
</ref> | |||
Summary offence hearings are supposed to be "simple, inexpensive and balanced".<ref> | |||
R. v. Cooper 2005 BCCA 256 at para. 27{{fix}} | |||
</ref> | </ref> | ||
; Onus and Standard of Proof | ; Onus and Standard of Proof | ||
The standard of proof is "proof beyond a reasonable doubt".<ref> | The standard of proof is "proof beyond a reasonable doubt".<ref> | ||
{{CanLIIRP|Beauchamp|g1jf8|1952 CanLII 60 (ON CA)|, [1953] OR 422 (ONCA)}}{{perONCA|MacKay JA}}<Br> | |||
</ref> | </ref> | ||
| Line 14: | Line 18: | ||
# the accused drove in a manner prohibited by the section | # the accused drove in a manner prohibited by the section | ||
## the accused drove without "due care and attention" | ## the accused drove without "due care and attention" | ||
; Radar | |||
The requirements to admit radar speed evidence consists of:<ref> | |||
R v Geraghty (B.C. Co. Ct.), [1980] B.C.J. No. 2433{{Fix}} | |||
</reF> | |||
# That the particular equipment used was properly operated by a qualified person; | |||
# That the equipment function and accuracy were tested with whatever tests were required or suggested for it; | |||
# That the tests or procedures indicated the equipment was operating properly; and | |||
# That those tests indicated that the equipment was capable of accurately registering the speed of an alleged offending vehicle. | |||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 09:15, 5 January 2021
Careless Driving
All provinces have some form of motor vehicle offence relating to careless driving.[1]
Summary offence hearings are supposed to be "simple, inexpensive and balanced".[2]
- Onus and Standard of Proof
The standard of proof is "proof beyond a reasonable doubt".[3]
Proving careless driving will usually require:
- the accused drove in a manner prohibited by the section
- the accused drove without "due care and attention"
- Radar
The requirements to admit radar speed evidence consists of:[4]
- That the particular equipment used was properly operated by a qualified person;
- That the equipment function and accuracy were tested with whatever tests were required or suggested for it;
- That the tests or procedures indicated the equipment was operating properly; and
- That those tests indicated that the equipment was capable of accurately registering the speed of an alleged offending vehicle.