Subject Careless driving
Inquiry I am inquirying for my girlfriend Nicole. We live in winnipeg, MB.
Yesterday two cops showed up at our door and asked for “the owner of a
black Ford, Nicole”. My girlfriend came to the door and they continued to
say that they recieved a complaint about her driving. I asked them if it
was a filied complaint and who has complained. As well as where and when
did this so called incident happen. The cop said “he was not sure”, and
proceeded to thrighten us. The two cops went back to the car to call the
person who so called complained. After 20minutes cops came back and handed her a ticket for careless driving for $175.30 HTA 124(2) “Turn from direct line when unsafe” for 6:52pm which is when they came to our house basically. I asked the officer isn’t this hearsay and he stated yes but it is up to you now to prove your not guilty in court.
We only practice in Ontario, but it should be defended. It is not your friend’s obligation to prove she is not guilty, it is the Crown’s obligation to prove the case beyond a reasonable doubt. She should turn in the ticket and request a court date, then ask the Prosecutor’s Office for disclosure – she will then be able to determine the nature of the complaint. She should have a trial, and you should attend with her to also testify. If she can afford professional assistance, she would be wise to seek it… unfortunately we are in the wrong Province to help her.