2021 QCCQ 2363, 2021 QCCQ 2363

Director of Criminal and Penal Prosecutions c. Zad Zovaidani 2021 QCCQ 2363 JL4783 QUEBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF BEDFORD «Criminal and penal division» N° : 455-61-017739-192 DATE : March 30, 2021 ______________________________________________________________________ BEFORE MADAM TANYA LAROCQUE, JUSTICE OF THE PEACE AND JUDGE ______________________________________________________________________ DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS Prosecutor c.

AGHIL ZAD ZOVAIDANI Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The defendant is accused of driving at 195 km/h while on highway 10 on the 10 th of October 2019 [1] .

The officers followed the defendant’s car to establish his speed. [ 2 ] The «follow» technique requires three elements to establish a prima facie proof of the speed [2] : 1) A constant distance between the two cars; 2) A constant speed indicated on the officer’s speedometer; 3) The total distance on which the following took place; [ 3 ] The defendant’s speed was established by the officers that followed the defendant’s car for 2 km at 195 km/h while a constant distance of 100 m separated the cars. [ 4 ] To refute this proof, the defendant can raise a reasonable doubt by bringing forth a contradictory proof [3] of his speed that is reliable, precise and pertinent [4] . [ 5 ] While on his way back home, the defendant received a call from his wife urging him home quickly which causes him stress and anxiety.

He admits driving between 170 and 180 km/h for about ten to fifteen minutes but he never drove more than 180 km/h because it was the limit he imposed to himself. He was constantly looking at his digital speedometer and when he saw the police car his speedometer was at 180 km/h. [ 6 ] The defendant proof is not precise and reliable [ 7 ] The defendant admits not having a good recollection of that night but is adamant about his maximum speed being 180 km/h.

The court doubts the credibility of a person who admits right from the start an excessive speed that will result a lesser fine and demerit points of that which he is accused. [ 8 ] He admits his speed fluctuates therefore it is improbable that he never went over 180 km/h. On one hand, he admits driving that fast is dangerous and he had to be cautious.

On the other hand, he takes his eyes off the road constantly to check his speed. [ 9 ] THEREFORE, the court considers that the infraction was committed beyond a reasonable doubt and that the defendant could not bring forth reliable and precise proof to raise reasonable doubt to contradict the speed of 195 km/h established by the officers. FOR THESE REASONS, THE COURT : [ 10 ] DECLARES the defendant guilty of the infraction. [ 11 ] CONDEMS the defendant to pay a fine of 1170$ with costs in the next twelve (12) months of the present judgment.

__________________________________ TANYA LAROCQUE JUSTICE OF THE PEACE and JUDGE Me Juliette Ménard-Reid Attorney for the prosecution Me Jade Milette Attorney for the defendant Date of hearing: March 26, 2021