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.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca

I did get copies of all the paperwork including copy of school bus driver’s report. In his words, it was gold type vehicle but he did not see a driver, just the plates. My car is golden type but as I said before I was in the office at the time of the offence.

And what about my earlier question?
“For some reason my package included a lot of information, including that of bus drivers name, address, phone number, occupation, birth date and his driver license number. I'm positive that was clerk's mistake to include that in my package. This can't be a standard eh?”

I'm going to court this Friday, I will appreciate if anyone could answer these question …

1. Police officer besides charging me with the wrong subsection (demerit points) in his report constantly misspelled my first name; can I use that anyway?

2. Should personal information of the bus driver be in package which I’ve got from the prosecutor?

3. Only info bus driver has which links me to this, is the license plates and colour of my car.

I’d like to let you know that I had my chance in the court this morning.
I was out of the court faster than I expected. Police officer who charged me with 175 (12) was present. As was the school bus driver. Lady Prosecutor talked to a Police officer for a few minutes at which point he left (I’m assuming she told him about wrong charge against me) . As there was not enough information to incriminate me and I plead not guilty they discharged my case.

Thanks you for links you provide here to websites which I found very helpful. I learned a lot from them and was ready for a fight this morning. I had series of questions for both the police officer and bus driver, had few reports like weather and Ontario Association of Optometrist (the bus driver is almost 50, so I was going to ask him about his vision). Had tons of pictures of licence plates similar to mine, Google provided me with different options and time it takes to get from place where offence took place and my workplace

Couple of days ago I thought about security company in my office and so I’ve emailed them asking if they keep track of the time people swipe into their floors. And although they did not reply to me before my court appearance but I just got a phone call from them which put a smile on my face. According to them I was in the office at the time of the alleged offence. I’m sharing this with you because if I thought about it earlier and had this info when I went to see prosecutor than she would throw the charge out at the spot and it would spare me a lot of tension

Lady,

How did you receive your ticket? e.g. by mail? Also, how long after the date of the alleged incident did you get the ticket?

Thanks.

Police officer met me in person at my workplace 3.5 weeks after alleged offence ...