What is the test for the offence of following too closely?
Ontario, Canada
The following excerpt is from R. v. Haddad, 2009 ONCJ 536 (CanLII):
[47] As stated by Roberts J. in Regina v. Schmidt, supra., in order for the prosecution to prove the offence of “follow too closely”, beyond a reasonable doubt, there must be some evidence that the following distance constituted a danger having due regard to the speed of the vehicles, and the traffic and highway conditions. This evidence needs to be more substantive than a concern in the mind of the driver being followed.
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