The defendant was charged with speeding in a community safety zone based on evidence from an Automated Speed Enforcement (ASE) system.
The prosecution relied on the certified photographs and the testimony of a Provincial Offences Officer.
The defence called the driver of the vehicle, who testified that he had set the cruise control below the speed limit and provided a credible explanation of his actions.
Applying the W.(D.) framework, the court found that the driver's exculpatory evidence, combined with frailties in the officer's testimony regarding the testing of the ASE system, raised a reasonable doubt.
The defendant was found not guilty and the charge was dismissed.
