Topic

3 Summons - solely based on witness testimony

by: lexem on

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lexem
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3 Summons - solely based on witness testimony

Unread post by lexem »

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.

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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Re: 3 Summons - solely based on witness testimony

I seem to remember, from other threads, if the witness doesn't show up the LEO is correct it will get thrown out

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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lexem
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Re: 3 Summons - solely based on witness testimony

Do these witnesses Normally attend for the Trial? -How much would they be re-imbursed, and are they Allowed to be absent from the trial or Required to attend ?

Do these witnesses Normally attend for the Trial?

-How much would they be re-imbursed, and are they Allowed to be absent from the trial or Required to attend ?

argyll
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Re: 3 Summons - solely based on witness testimony

They are required to attend but they dont 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.

They are required to attend but they dont 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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