The defendant was charged with failing to yield to a pedestrian and driving while under suspension after a black pickup truck struck an elderly woman on a mobility scooter in a crosswalk.
The central issue was the identity of the driver, as no witness saw the defendant actually driving or sitting in the driver's seat.
Relying on circumstantial evidence, including witness descriptions of a shirtless, nervous man who exited the driver's side and called 9-1-1, and police identification of the defendant at the scene, the court found the only reasonable inference was that the defendant was the driver.
The court also held that the defendant was deemed to have received notice of his licence suspension under the Highway Traffic Act.
The defendant was found guilty of both offences.
