How do they prove you were the driver?

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Bluegirl
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How do they prove you were the driver?

by: Bluegirl on
Mon Apr 26, 2010 6:41 am

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.
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Reflections
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by: Reflections on
Mon Apr 26, 2010 8:53 pm

The officer usually identifies you, that and when you are served your ticket you are usually in the drivers seat.
http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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Bluegirl
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by: Bluegirl on
Mon Apr 26, 2010 11:10 pm

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.
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Radar Identified
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by: Radar Identified on
Tue Apr 27, 2010 1:13 pm

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.
* 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
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The Stig
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by: The Stig on
Tue Apr 27, 2010 10:16 pm

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.
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Bluegirl
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by: Bluegirl on
Wed Apr 28, 2010 12:45 am

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.
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hwybear
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by: hwybear on
Wed Apr 28, 2010 7:57 am

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
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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hwybear
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by: hwybear on
Thu Apr 29, 2010 6:05 am

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.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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