In any traffic ticket trial the police and prosecution have to prove:
- the essential elements of the charge,
- the who, what, when, where and how, and
- was the driver, “driving without due care and attention”
Where the prosecution is unable to prove any of these elements the judge may dismiss the charge. The judge must believe the driver is guilty of the offence “beyond a reasonable doubt”.
As well as the essential elements, in any court case there maybe technicalities and motions that apply.
The police are required to prove all the essential elements of careless driving described in section 130 of the Ontario Highway Traffic Act. If the prosecution is not able to prove the charge, the Justice should dismiss the charge.