What are the elements of speeding under section 128 of the Highway Traffic Act?
Ontario, Canada
The following excerpt is from Knabe v. Durham (Regional Municipality), 2017 ONCJ 35 (CanLII):
[14] The essential elements of speeding contrary to section 128 of the Highway Traffic Act are: (1) the date of the offence, (2) the jurisdiction where the offence was committed; (3) the posted speed limit; (4) identification of the driver; and, (5) the rate of speed of the moving motor vehicle: R v. Williams, [2008] O.J. No. 1078 (Ont. C.J.).
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