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How Do They Prove You Were The Driver?
Posted: Mon Apr 26, 2010 6:41 am
by Bluegirl
Just wondering how the prosection goes about proving who was the driver at trial. If I tell the officer I was driving the black car is that sufficient proof or is that hearsay or does it have to be discussed in court. Just curious.
Posted: Mon Apr 26, 2010 8:53 pm
by Reflections
The officer usually identifies you, that and when you are served your ticket you are usually in the drivers seat.
Posted: Mon Apr 26, 2010 11:10 pm
by Bluegirl
Ticket was received after the fact at trial. Was given a summons to appear in court to receive the ticket 1 month later. I am planning on going to court and have the prosecution prove my guilt.
Posted: Tue Apr 27, 2010 1:13 pm
by Radar Identified
Is this due to the collision where you were charged with "following too closely"? If so, any officer from the scene and/or witness could identify you as the driver if the summons was not delivered at the scene.
Posted: Tue Apr 27, 2010 10:16 pm
by The Stig
Depends on what the charge is. Some charges go to the owner (no insurance for example) while many others can go to the driver or the owner. Perhaps you were charged as the owner in which case identity is not required, just that you are the registered owner.
Posted: Wed Apr 28, 2010 12:45 am
by Bluegirl
Charged with FTC and ticket was received in the form of disclosure at first appearance and not at the scene because the officer had to leave prematurely due to another emergency. Statements were finished the following day.
Posted: Wed Apr 28, 2010 7:57 am
by hwybear
Bluegirl wrote: ticket was received in the form of disclosure at first appearance and not at the scene .
None of that makes sense as a ticket is not disclosure.
Either you were
- issued Provincial Offence Notice (will have a $ amount on it) and chose the trial option, asked for disclosure and then received disclosure
- OR were issued a Summons (NO $ amount on it), given a court date, attended and received disclosure on your first court date
Posted: Wed Apr 28, 2010 11:14 pm
by Bluegirl
the latter is true which included a photocopy of the ticket in the disclosure paperwork.
Posted: Thu Apr 29, 2010 6:05 am
by hwybear
Bluegirl wrote:the latter is true which included a photocopy of the ticket in the disclosure paperwork.
so you did not receive a "ticket" (Provincial Offence Notice), you received a summons.
A summons allows the JP to issue up to the maximum fine for the offence unlike a face value on a ticket, which would be $110.