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.
How do they prove you were the driver?
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.
-
Reflections
- High Authority
- Posts: 1489
- Joined: Fri Apr 11, 2008 2:49 pm
- Location: somewhere in traffic
Re: How do they prove you were the driver?
The officer usually identifies you, that and when you are served your ticket you are usually in the drivers seat.
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
Re: How do they prove you were the driver?
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.
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.
-
Radar Identified
- High Authority
- Posts: 2881
- Joined: Mon Sep 08, 2008 8:26 pm
- Location: Toronto
Re: How do they prove you were the driver?
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.
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
http://www.OntarioTicket.com OR http://www.OHTA.ca
-
The Stig
- Jr. Member
- Posts: 37
- Joined: Wed Mar 31, 2010 4:02 pm
- Location: Directly under the earths sun.....now.
Re: How do they prove you were the driver?
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.
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.
Re: How do they prove you were the driver?
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.
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.
-
hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
-
Posting Awards
Re: How do they prove you were the driver?
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
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
Re: How do they prove you were the driver?
the latter is true which included a photocopy of the ticket in the disclosure paperwork.
the latter is true which included a photocopy of the ticket in the disclosure paperwork.
-
hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
-
Posting Awards
Re: How do they prove you were the driver?
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.
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
Similar Topics
Featured Topics
self-testing devices
I have a lot of issues with the idea that speed measuring devices like radar and lidar guns are using computer generated simulations to test themselves that they are working properly. The manufacturer is making a claim that a device can test itself. Where's the proof that it works?
Is it in the…
Speeding violation: Ticket says 82 km in an 80km. Fight it?
I was pulled over a couple days ago going down a steep incline on my way to Cobourg. In order to get up a hill in my vehicle, I have to go at least 90 or it gets stuck between gears and then when I was going down the hill I wasn't riding my brake or touching the gas, it just gained speed. When I…
effects of sleep disorder on DL and INS, went to a sleep clinic
Hey Guy's,
Question, mrsbobajob, a while ago, went to a sleep went to a sleep clinics, due to snoring, not sure if sleep apnea. Now someone told her that if she does have SA, her insurance needs to know and it will go on her license. So she didnt go to pick up her report.
so other than the more…
Speed Trapped
I hope I can paint the picture with the accuracy that the truth deserves. I have no intention of just beating a ticket.. but more like beating a really unfair ticket. You decide!
I had entered Canada after a short trip downsouth through Detroit on my way to Toronto. Not being equipped with a GPS…
2 tickets i'd need some advice i think one is invalid
alright well last night (march 19th) at 12:55 am i had recieved 2 tickets the first was failing to stop at a stop sign (i did a rolling stop) and it was dated the 19th the second ticket that i got at the exact same time was dated the 18th. The second one was because i had a blood alcohol level of…
Officer issued wrong ticket to me
I received a speeding ticket for 15 over in York Region. The officer issued me a ticket for someone else[wrong DL info on ticket] but for correct charge and amount. The ticket was not hand written but computer generated. I am concerned how to proceed with this as well as if the officer issued my…
failiure to drive within a marked lane
i was in a road traffic accident on friday. a guy pulled out of a side road onto a main highway in front of me. i hit him in the middle of the road but was swerving left to hit him on the front and not cause a major accident. i was charged with failing to drive in a marked lane and he was charged…
Charged with careless - procedure questions
Hello. Charged with careless after a minor fender bender, and having trouble understanding how this can be and what I should do next.
Facts:
I ran into the back of a small car, while driving a van. Was going at a low rate of speed when traffic came to a complete and unexpected stop due to…
Suspend License ans Insurance
i have a g2 license which was suspended for driving without a g1 driver for 30 days and my insurance cancel me . after i receive my letter to remove suspend, i got in an accident and now receive a notice to go to the police station
to pick upma summon.
what will happen at the police station?
what will…
Summons for no front plate
I was issued a Summons to Defendant, Section 7.1.b, and now I got to appear in court. Where could I find information on set fine amounts or the maximum punishment? Is it normal to be dragged to court for plate not properly displayed? After all, it is not a moving violation, and I wasnt endangering…
