Regulatory Motor Vehicle Offences: Difference between revisions
| Line 20: | Line 20: | ||
; Radar | ; Radar | ||
Device reading are not presumed to be accurate.<Ref> | |||
R v Khadikin, [1999] B.C.J. No. 2575 at para 14 | |||
</ref> | |||
The requirements to admit radar speed evidence consists of:<ref> | The requirements to admit radar speed evidence consists of:<ref> | ||
R v Geraghty (B.C. Co. Ct.), [1980] B.C.J. No. 2433{{Fix}} | R v Geraghty (B.C. Co. Ct.), [1980] B.C.J. No. 2433 at p. 10{{Fix}}<br> | ||
{{CanLIIR|Drewcock|jcbv3|2020 BCSC 2054 (CanLII)}}{{perBCSC|Tindale J}}{{AtL|jcbv3|30}} | |||
</reF> | </reF> | ||
# That the particular equipment used was properly operated by a qualified person; | # That the particular equipment used was properly operated by a qualified person; | ||
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# That the tests or procedures indicated the equipment was operating properly; and | # 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. | # That those tests indicated that the equipment was capable of accurately registering the speed of an alleged offending vehicle. | ||
An assertion of qualification coupled with a description of the tests undertaken will usually be sufficient to make out the requirements.<ref> | |||
{{supra1|Khadikin}} | |||
</ref> | |||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 09:20, 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
Device reading are not presumed to be accurate.[4]
The requirements to admit radar speed evidence consists of:[5]
- 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.
An assertion of qualification coupled with a description of the tests undertaken will usually be sufficient to make out the requirements.[6]
- ↑
ON: s. 130 (careless driving) Highway Traffic Act
- ↑ R. v. Cooper 2005 BCCA 256 at para. 27(complete citation pending)
- ↑
R v Beauchamp, 1952 CanLII 60 (ON CA), , [1953] OR 422 (ONCA), per MacKay JA
- ↑ R v Khadikin, [1999] B.C.J. No. 2575 at para 14
- ↑
R v Geraghty (B.C. Co. Ct.), [1980] B.C.J. No. 2433 at p. 10(complete citation pending)
R v Drewcock, 2020 BCSC 2054 (CanLII), per Tindale J, at para 30 - ↑ Khadikin, supra