Having a Ticket Dismissed

I attended court today on behalf of my brother who could not attend. The reason I did that is because he recently got a job out of province and could not attend the hearing. He filled out an Application to Adjourn a Hearing that I took with me. The officer did not show up but the Justice of the Peace granted an adjournment and did not dismiss the ticket.

There was a lawyer before me that was there to represent her client and because the officer was not present the ticket was dismissed.

Can you please enlighten me and provide me with some guidance.

Answer

You did get what you asked for, it's just that you didn't ask for the right thing in the circumstances.

Had you have known that the officer was not present and asked that the ticket be dismissed for want of prosecution, the JJP would have done so. The lawyer is familiar with the way the system operates and knew how to deal with it.

Definitely follow the lawyer's lead on the next court date if the officer fails to show up again!

Submitted by E-mail

Oh I did not know that I could have asked to dismiss.   She said that she did not see that I was going to represent him.  So then I had to show her the letter he sent requesting an adjournment. 

Is there anything I can do now?   In the future do I need a notarized letter to show that I am representing him?

Answer

Even though the law allows it, I have never seen a JJP agree to a request for an agent to conduct the trial. They want either a practicing lawyer or the accused present. You can try though.

If you were to act on your friend's behalf, all you could do is enter the guilty or not guilty plea, cross examine any prosecution witnesses, call defense witnesses and if necessary, speak to penalty. You cannot enter any evidence that your friend would give himself. Since most cases consist of the officer and the driver, half the evidence will not be presented to the court.

I don't think that you need any documentation to act as an agent, but the best way to be certain is to call the court registry where the trial will be held and ask.

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