imported_MMX

Hi everyone,

My friend went to the court and got the yellow application form ("Notice of Interntion to Appear") yesterday, but she wasn't sure whether she should check "yes" or "no" under "At trial I intend to challenge the evidence of the provincial offences officer who completed the Certificate of Offences..."

As it is stated on the form that if you indicate above that you do not intend to challenge the evidence of the provincial offences officer, the officer may not attend your trial and the prosecutor may rely on certified statements as evidence against you.



So if she chooses "no", does it mean that the prosecutor can still press charges even if the officer does not show up on the trial day?

Will the case be thrown out if the officer does not show up, regardless of her answering "yes" or "no" to that question?

Please advise.

Thanks!

imported_kane2k

There's really no point in going to court unless you challenge the officers evidence. As it says on the ticket, if you choose not to challenge it then you are telling the court that everything the officer said was correct and therefore .... you are guilty of what the ticket says.