OHTA.ca

Hello.

I ride a Motorcycle. A few days ago cops showed up to my home and I wasn't there.

The door was unlocked and they opened my main door and kept yelling. -> Eventhough they did not have a warrant or anything. (it this violating my Freedom ?).

They received my phone number from my mom, and later called me.

I had to meet them, and apparently the offense had occurred 2 months ago, and a civilian witness complained about it.

The cop provided evidence 3-pictures from they witness's dash-cam video. The cop claimed the witness NO LONGER has the video, because it was not "saved". So all they have is Witness testimony and 3-pictures for the 3 charges. Is it going to be easy to fight this ?

I got 3 summons (due to >1month delay from date of offense).

1.Failing to stop at Red light 144(18)

2.Failing to yield to pedestrian on a cross-walk (140)(1)(c)

3.Riding in the bicycle lane (Bylaw 886-10A)

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He showed me the 3 pictures for a moment and placed these summon charges. He said if the witness doesn't show up at the Trial, it will get thrown out.

Can you please advise if I should get a paralegal or just go to the summons myself and get disclosure first before deciding.

I seem to remember, from other threads, if the witness doesn't show up the LEO is correct it will get thrown out

Do these witnesses Normally attend for the Trial?

-How much would they be re-imbursed, and are they Allowed to be absent from the trial or Required to attend ?

They are required to attend but they dont always. If it is serious enough the Justice can issue a warrant but for an HTA offence it normally gets withdrawn.

They get mileage but no pay.