littering ticket

Ziggymac
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littering ticket

by: Ziggymac on
Sun Jan 03, 2016 10:51 am

After the snow storm in October I was working with our maintenance person to clear downed trees. We were cleaning up an area near the road when a car stopped and video taped us. The maintenance person dropped a few pieces of wood on the road so they could not get to close to us. They called the cops three weeks later ,showed the video of him dropping the wood and we both were charged us with littering. I asked the cop at time he was at my house if the video showed me dropping logs. He said no but I was walking away from them. I did not participate in dropping wood onto the road. The other person paid the fine but I am going to fight it. We were there to clean the mess up( which we did). The other person is willing to come to court with me, however I have a meeting with the prosecutor for a resolution to the charge. Is there a form that I can have filled out by the witness to take to the meeting or does he have to go with me. He is willing to go to court but I would like to get this solved with the prosecutor.


ynotp
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by: ynotp on
Sun Jan 03, 2016 11:44 am

Were you charged with a HTA s.180 or a municipal bylaw violation? Either way the person who made the video will have to attend court to secure a conviction.


argyll
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by: argyll on
Sun Jan 03, 2016 1:19 pm

Does the video show you driving away with the logs still on the road or dud the video guy drive away while you were still working ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


jsherk
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by: jsherk on
Sun Jan 03, 2016 1:25 pm

The person that took the video needs to attend the trial date to testify against you and say that they actually saw you litter. And your friend needs to attend the trial date as well to testify for you.

There is no form for them to fill out, so when you go to the early resolution meeting you can advise the prosecutor that you have a witness that will testify on your behalf.

Since the video itself does not show you actually littering but only walking away, the person shooting the video would need to testify.

If the prosecutor will not drop the charge then you ask for disclosure and a trial date. For disclosure you need to ask for officers notes, witness statements and copy of video.
+++ This is not legal advice, only my opinion +++


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