OHTA.ca

My husband got a ticket with a fine of $490. for failing to stop for a school bus. Somebody filed a complain and he was charged a the owner of the vehicle and he was not using the car that time. The police showed up in the house and gave him the ticket and told him there's no demerit point and advised him to fight it. The police was actually really, really nice and told him that there is a trick to win the case but he is not suppose to say it. Can anybody tell me abt. this trick or any way to win this?

I don't know what the officer would be referring to as there is no simple "trick" to beat the charge. The only way the owner isn't responsible would be if the vehicle had been stolen/taken without consent at the time of the actual offence.

If you want to fight the charge outright, the best starting point would be to request disclosure and see what the actual evidence is. Perhaps there's an issue that makes the case weak. If you proceed to trial, the bus driver (or witness) will have to attend to give evidence.

maybe he was counting on the scenario of the Witness NOT showing up, and you can also cross him with alot of detailed questions, he will have to remember alot of details...

I think he may have been referring to the fact the ticket was issued based on the evidence of a civilian witness. Often witnesses who aren't police don't hold up well in court, they are inexperienced at testifying and often forget key details and they can also be easier to trip up on cross examination. Also, as admin mentioned, a non-police witness is more likely to not show up. Police get paid to go to court where as a regular citizen will have to take time off work and possibly lose pay or a vacation day. Also often by the time the court date comes around the anger that caused them to call the police has long since subsided and they simply can't be bothered to show up. That having been said some civilians do show up to court and give rock solid testimony so you don't want assume that the person who got your husband ticketed will necessarily be incompetent or a no-show. If you want to fight this ticket file for a court date and when you get the court date request disclosure. Once you have read the disclosure you will have a much better idea what you are dealing with.

if he is charge with the offense and he pleaded not gulty, can the person driving the car still be charge on the same offense?