The defendant was charged with operating a motor vehicle in a dangerous manner contrary to s. 249 of the Criminal Code.
Two Ontario Provincial Police officers observed the defendant's vehicle traveling southbound on Highway 400 over approximately 15 kilometres and 8 minutes.
The officers testified to observing repeated instances of speeding (up to 140 km/hr), tailgating at distances of one-half to two car lengths, and unsafe lane changes on a wet roadway at night.
The defendant testified that he was keeping pace with traffic at 110-120 km/hr and had only passed two vehicles.
The court accepted the officers' evidence and found the defendant guilty, determining that the totality of the driving conduct constituted a marked departure from the standard expected of a reasonably prudent person.
