The defendant was charged with operating a motor vehicle and racing by outdistancing or attempting to outdistance another motor vehicle while travelling at a marked departure from the lawful rate of speed, contrary to section 172 of the Highway Traffic Act.
A careless driving charge was withdrawn.
The Crown's case relied on witness testimony describing two vehicles travelling at high speed, passing a witness vehicle, and subsequently crashing.
The defendant's co-accused testified for the defence.
The court found the defendant guilty of the racing charge, determining that the Crown proved beyond a reasonable doubt that the defendant drove at a marked departure from the lawful speed and attempted to outdistance another vehicle.
However, the court acquitted on the charge as drafted because the Crown failed to prove the element of "repeatedly" changing lanes as required by the regulation.
