The appellant appealed his conviction for stunt driving under section 172(1) of the Highway Traffic Act, challenging the reliability of LIDAR speed measurement evidence.
The Crown's case rested solely on the testimony of OPP Constable Tihor, who used a LIDAR device to measure the appellant's vehicle speed at 180 km/h on a highway with a 100 km/h speed limit.
The appellant argued that the constable's qualifications to operate the LIDAR device and the device's proper functioning raised reasonable doubt.
The trial justice found the officer qualified and credible, and convicted the appellant.
On appeal, the court upheld the conviction, finding that the officer's training, testing protocols, and device reliability were adequately established to prove the offence beyond a reasonable doubt.
