3 Summons - solely based on witness testimony

lexem
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3 Summons - solely based on witness testimony

by: lexem on
Thu Aug 03, 2017 12:02 pm

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)
--
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.


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bobajob
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by: bobajob on
Fri Aug 04, 2017 6:43 am

I seem to remember, from other threads, if the witness doesn't show up the LEO is correct it will get thrown out
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argyll
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by: argyll on
Thu Aug 10, 2017 3:18 pm

They are required to attend but they don’t 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 If it is serious enough the Justice can issue a warrant but for an HTA offence it normally gets withdrawn.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.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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