Excessive speed can be an important part of a dangerous driving allegation, but speed should be assessed in context. The significance of a particular speed can depend on the road, traffic, weather, visibility, location, time and other circumstances.

A speeding allegation does not automatically establish dangerous driving. At the same time, speed combined with other driving conduct may be relied upon by the prosecution to support a dangerous driving case. The defence should therefore examine the complete evidence rather than considering speed in isolation.

Some dangerous driving charges follow collisions involving property damage, injury or death. In these cases, the defence may need to address both the alleged manner of driving and the evidence concerning the collision.

A collision can produce substantial physical evidence, but physical evidence must still be interpreted correctly. Vehicle damage, road markings, photographs, surveillance footage, event-data information and witness accounts may need to be examined together.

Where technical evidence is involved, the defence may assess the methodology used, the assumptions made and whether the conclusions are supported by the available information.

The investigation can have a major impact on a dangerous driving prosecution. Disclosure may include police notes, witness statements, photographs, video footage, collision reports, diagrams, measurements, vehicle information and expert evidence.

A defence lawyer can compare different accounts of the incident, identify inconsistencies and determine whether important evidence is missing or incomplete. Timing can also matter, particularly where witnesses made observations at different points or where video footage captures only part of the incident.

The objective is to understand exactly what the prosecution evidence establishes and what it does not establish. The Crown must prove the offence beyond a reasonable doubt; the defence does not have to prove that the driving was perfect.