- Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
They not only need a witness, they need a witness to identify the driver for 175 (12). This does carry 6 demerit points. It is possible that the wrong charge was issued. Unless the school bus driver could provide a good description of you, enough to identify you, they should've used the part where you'd be charged as the vehicle owner.
Did you get disclosure of the evidence against you? This should have the officer's notes and info from the bus driver, basically telling you whether or not the bus driver had a good enough look at your vehicle (allegedly) to identify you as the driver. To get a conviction, the school bus driver has to give clear evidence about the offence, and identifying you. However, it is likely that the Prosecutor will review the case and amend the charge so that you are charged as the owner. In that case, the bus driver only has to give evidence about the offence and the vehicle - not the driver. Either way, the school bus driver has to be present and testify.
http://www.OntarioTicket.com OR http://www.OHTA.ca