03/06/2013 10:29 EST | Updated 05/06/2013 05:12 EDT

Sask. Man Clocked At 191 Km/H Not Guilty, Judge Says


A Saskatchewan judge has thrown out a dangerous driving charge in which the driver was clocked going 191 kilometres per hour, saying there were problems with the police radar.

The case, decided February 14, was recently published online on the Canlii legal database.

Court heard an RCMP officer who was eight kilometres east of Carnduff, Sask., on Oct. 1, 2011, spotted a car heading toward him on Highway 18, where the speed limit is 100 km/h.

The police radar said the car was going 191 km/h. The driver stopped and was charged with the Criminal Code offence.

"In a conversation between the officer and the accused, the accused told the officer that he had had some work done on the car and he wanted to see how the car would handle at high speed," Judge James Benison said in a written decision.

In court, the judge said there were problems with the radar gun — the officer didn't calibrate it before the shift started as was required procedure.

Also not good: the certificate showing that the radar gun was in good working order appeared to be for a different model altogether.

The judge also took into account that the officer testified when he clocked the car at 191 km/h, it was about 250 metres away. An expert witness for the defence said if the car was going that fast, it wouldn't have had time to stop where it did — near the officer's vehicle.

In Estevan provincial court, the man was found not guilty of dangerous driving.

"There is some evidence that the accused may have been speeding, but the speed of the vehicle is unknown," Benison said. "Apart from this, there is no other evidence whatsoever of improper driving, either deliberate or inadvertent."

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