Regulatory Motor Vehicle Offences

From Criminal Law Notebook

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:

  1. the accused drove in a manner prohibited by the section
    1. the accused drove without "due care and attention"
Radar

The requirements to admit radar speed evidence consists of:[4]

  1. That the particular equipment used was properly operated by a qualified person;
  2. That the equipment function and accuracy were tested with whatever tests were required or suggested for it;
  3. That the tests or procedures indicated the equipment was operating properly; and
  4. That those tests indicated that the equipment was capable of accurately registering the speed of an alleged offending vehicle.
  1. ↑ ON: s. 130 (careless driving) Highway Traffic Act
  2. ↑ R. v. Cooper 2005 BCCA 256 at para. 27(complete citation pending)
  3. ↑ R v Beauchamp, 1952 CanLII 60 (ON CA), , [1953] OR 422 (ONCA), per MacKay JA
  4. ↑ R v Geraghty (B.C. Co. Ct.), [1980] B.C.J. No. 2433(complete citation pending)

See Also

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