The police and prosecution must prove the following to convict a driver of speeding;
- Has the prosecution identified the operator of the vehicle who committed the offence? (Y/N)
- Has the prosecution identified that the vehicle was a motor vehicle? (Y/N)
- Has the prosecution identified that the vehicle was the one cited, with the license plate, model and colour the same as the one on the ticket? (Y/N)
- What province/territory was the plate registered in?
- Has the prosecution testified that the defendant was traveling on a provincial/municipal highway/street? (Y/N)
- What was the speed limit on that highway/street?
- How fast was the defendant traveling?
Anything is missing in the prosecutors case may be grounds for the justice to dismiss the charge against the driver.
The defendant at the end of the trial may bring a motion of non-suit in that the prosecution has failed to present a prima facie case against the driver and/or that there is reasonable doubt, in that the prosecution has not proved the case within a reasonable doubt.