A trial has started for a teen charged with careless driving in a crash that killed his friend.
As this is before a lower court, provincial offences court, the teen isn't protected by the young offenders act and as such his identity is not protected. However, CTV Windsor has made the decision not to identify him.
The 17-year-old from LaSalle is facing a single charge of careless driving under the Highway Traffic Act.
The Crown is arguing the teen was speeding, but his defence lawyer is arguing it was a malfunction with his car that caused the accident.
Nick Dyer was severely injured in this accident on Feb. 13 2017. The 16-year-old suffered a broken back and numerous internal injuries.
Dyer died in hospital a month later.
Lawyer Dan Scott is arguing something went wrong with the car, that caused it to veer off concession four and land on its roof in a field before bursting into flames.
Four people were in the car. Two of them took the stand in provincial offences court on Thursday.
One of the male passengers told Justice of the Peace Salma Jafar he doesn't remember much from that day.
When asked if he knew how fast the car was being driven, the teen told the court there were more people in the car, so maybe he was trying to show off a little, go faster.
Amherstburg police Const. Steve Owen was asked to investigate the crash, but not until the next morning. He told the court the cars' black box could not be located because the car was so badly burned from the "intense heat" of the fire.
Another passenger in the car testified the accused is a safe driver, noting he put his phone in the trunk of the car before leaving and that he even pulled over to activate the Bluetooth system before the crash.
He testified he remembered the car jerked one way and then another in the moments before the crash.
Scott says he expects to call his client to the stand.
The trial is expected to wrap up Friday.
