In what circumstances have the courts accepted civilian evidence of speeding in an 80 kilometre per hour zone?
Ontario, Canada
The following excerpt is from R. v Somel, 2015 ONSC 2207 (CanLII):
In Regina v. Tyrer [2009] O.J. No. 2684 (OCJ) there was civilian evidence of speeding in an 80 kilometre per hour zone. One witness described the vehicles as “travelling at a very high rate of speed”. The estimate of speed was about 160 kilometres per hour as “they were really travelling”. As the vehicles were travelling away from him it was like “they were splitting”. One witness said: “boy, were they ever going”. Another witness indicated that he could not estimate exactly the speed of the cars but that it was “well in excess of” 90 percent of the cars that drive down the road, and “possibly doubling the speed”. Another witness described the vehicles as proceeding “at a high rate of speed”. Expert testimony as to speed could not be provided do to missing information. The court accepted the civilian evidence as to speed in concluding that the vehicles were travelling at very high speeds.
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