Your summons date is NOT a trial date.maxsaif wrote: ↑Aug 7th, 2017 1:26 amHello.
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 the cop at the station, and apparently the offense had occurred 2 months ago. The civilian witness complained about it, and submitted photographs from his dashcam as evidence. The cop showed me the 3 photographs from the dash-cam video that belonged to the witness. 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.
I received 3 summons (due to >1month delay from date of offense).
1.Failing to stop at Red light 144(18) -> You can clearly see the motorcycle fully turned right at a Red Light. It Does not prove the bike did not stop at the light.
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 briefly and placed these summon charges. He said if the witness doesn't show up at the Trial, it will get thrown out.
To proceed, I plan to go to the Summon date and request Disclosure before proceeding further.
Will I have to plead on the same date ?
Should I request full disclosure before proceeding further or plead "Not Guilty" and get a trial date when I show up at the Summons ?
How easy is it to fight the charges based on the fact they cannot 100% place me as the rider of the motorcycle, and it is considered heresay evidence as it's coming from a civilian witness ?
You will have the following options:
(1) Plead guilty to the charges (not recommended)
(2) Request disclosure (officers notes/reports, witness statements/reports, copies of photographs, copy of dashcam video, and proof of driver identification) and ask for a trial date to be set (highly recommended).
And I suggest you prepare a written request for disclosure to give to the prosecutor that specifically asks for the items I mentioned above.
Is bylaw 886-10A a City of Toronto bylaw?
How do you know officer opened door and yelled inside your house if you were not home? Technically they are not allowed to do that, but that has nothing to do with these charges, so you would have to launch a seperate civil suit against the officer with regards to this.
Did you answer questions and incriminate yourself when you met with police? You know that you have the RIGHT to not answer any questions! If they can not identify the driver then they can only charge the OWNER. IF the charges are against the owner, then they do not carry any demerits and they do not affect your insurance. Did you admit to driving? You should NEVER lie to police and say you were not driving when you were, but you have the right to just say NO COMMENT to any questions they ask (Officer: Were you driving? You: No comment), and they can not use your failure to answer questions against you to prove guilt.
If you did not admit to being the driver, did you have a helmet on making it almost impossible to identify the driver?
If you did not admit to being the driver, then remember that you do NOT have to admit to being the driver and you do NOT have to tell them who was driving at the time. There is one exception to this... if you take the witness stand to testify, in which case you would have to answer any questions they ask you. But you have the right NOT to testify against yourself, so you should NOT take the witness stand and you should NOT testify and that way they have no proof of who was driving.
144(18), 140(1)(c) and the bylaw are all charges against the driver/operator, so if they can not identify the driver then the charges must be dropped.
So just remember at the summons date or any court date or any interaction with police or prosecutor, do NOT admit to driving and do NOT tell them who was driving. They might try and trick you into answering with a question like "well if you weren't driving, then why don't you want to tell us who was?" but the proper response is "Sorry, but I do not have to answer that, and it is your job to prove who was driving, not mine."
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.