The defendant was charged with speeding under section 128 of the Ontario Highway Traffic Act.
The prosecution relied on evidence from an OPP air observer who tracked the defendant's vehicle from an aircraft at 3,500 feet using measured distance zones and a digital stopwatch, recording speeds of 130-132 km/h in a posted 100 km/h zone.
The defendant, self-represented, argued mistaken identity, claiming he was driving a red Nissan Cube with a white roof wrap, not a white-roofed vehicle.
The court found the prosecution established a prima facie case meeting the requirements established in R. v. King and found both police officers credible and reliable.
The defendant's evidence and exhibits were found to be of neutral value and failed to raise reasonable doubt.
The court convicted the defendant.
