Speeding Defence For Non-reduced Ticket
Scenario regarding speeding charge - if a charge is not reduced at all at roadside, i.e. the charge, for example is "speeding 75 km/h in a 60 km/h zone contrary to s. 128," should that not mean the prosecution needs to prove that you are guilty of what you are being charged with, and not, simply, of speeding generally? I understand that if they prove a charge of even 61 km/h in a 60 km/h, they can obtain a conviction, however, if the charge itself in this case is 75 km/h in a 60 km/h - do they not have to prove you guilty of that offence in order to obtain a conviction?
Where I'm going with this is that even if the prosecution can prove an officer is properly trained and perfectly operates and the unit, conditions are optimal, and the device is properly tested and calibrated, there is still a margin of error of up to 2 km/h for any speed mesuring device, easily proved with the radar manual. So with that in hand, is it not impossible to prove the defendant guilty as charged, if the speed is not reduced by at least that amount?
Has anyone heard of this defence being tried? And certainly, if the prosecutor attempted to amend the charge in the middle of trial (by dropping the speed by 2km/h, for e.g.) there is case law to support this being prejudicial.
Thoughts?