Driving within prescribed speed limits is not a necessary indication that speed or manner of driving is reasonable or non-negligent for the purposes of culpable driving charges. Expert psychological evidence about the statistical likelihood of fatigue based on work schedules, while of limited probative value, is relevant and may be considered by a jury alongside other circumstantial evidence. The accused's failure to give evidence on the issue of fatigue, where the accused is the only person who could speak to that matter, may make it easier for the jury to draw an inference of fatigue from the circumstantial evidence.
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