First, be warned that from the moment of the police statement signifying your offence, you have 30 days to challenge your ticket. The information necessary to challenge can be found at the back of your ticket. You can then specify that you want to receive the disclosure of proof, which is the police events report. This document allows you to be fully aware of what you are accused of and permits you to have the right to make full answer and defence.
Once the document is duly forwarded to the Court, you will receive a notice of hearing, with the time and date on which you are invited to present yourself at the Court in order to explain your situation in front of the judge. Furthermore, you must plan ahead the witnesses that you wish to make testify in front of the Court and the documents that you want to file in court. Negotiations with the prosecutor are still possible before the hearing.
During your trial, the prosecution must prove beyond reasonable doubt that you have committed the offence you’ve been charged with. Therefore, the prosecutor can make the case by filling an abridged report or calling witnesses to the stand that can include the officer who gave you the ticket. Afterwards, you have the right to cross-examine.
You will then have to present your defence. WARNING! You always have the right to remain silent. You do not have to prove that the prosecution has failed. However, if you need to give your side of the story or to call your witnesses to the stand, you can do so.
Both parties will then have the opportunity to be heard. During these proceedings it’s time to recall errors or problems regarding the statements as well as arguments in your favour for your defence.
After listening the arguments of both parties, the judge will then render a judgment. If the judge doesn’t do so on the day of the trial, he may give its decision at an ulterior date convenient to the parties.
Once the decision is rendered, you have 30 days to appeal.
A demerit point can sometimes make all the difference in keeping your licence. Thus, a lawyer representation or advice may be appropriate. We will be happy to support you in your contestation.
Text written by Me Julie Paradis / Translated by Andrey Leshyner