The defendant was charged with speeding 81 kilometers per hour in a 40 kilometer zone on Westhumber Boulevard in Toronto on December 8, 2017, contrary to section 128 of the Highway Traffic Act.
The defendant pleaded not guilty and raised three arguments: (1) the prosecution failed to provide specific times for laser device testing; (2) the speed limit signs were not proven to be proper regulatory signs; and (3) the municipality where the offence occurred was not established.
The court found that the officer's viva voce evidence of daily testing procedures, combined with his training and qualification, was sufficient to establish the device was working properly.
The court applied the presumption of regularity to the speed signs and found that the officer's evidence established the location was in Toronto.
The defendant was found guilty.
