The accused was charged with stunt racing contrary to s. 172(1) of the Highway Traffic Act for driving at 161 km/h in a 100 km/h zone on Highway 401, exceeding the speed limit by 61 km/h.
The Crown relied on Lidar speed detection evidence from a trained officer.
The defence challenged the accuracy of the Lidar reading and suggested the officer's vehicle was moving when the reading was taken.
The court found stunt racing to be a strict liability offence with a due diligence defence available.
The Crown proved the essential elements beyond a reasonable doubt, and the accused failed to establish the due diligence defence on a balance of probabilities.
The accused was convicted.
