Why would we have a trial on a DUI if you cant confirm to the Court who was the driver of the vehicle? If you are not sure and the Crown Attorney cannot be sure, then the Court cannot be sure. Doubt favors the accused. We need to review R v. W(D) since if there is doubt, then the matter is concluded. If you cannot say how fast the vehicle was going following a police investigation, then you cannot say the vehicle was operated without safety. It is not to dishonor you and you are not the Court. But , there is a principle to be honoured. That principle is the Court.