I am representing my tenant in court as his English fluency is somewhat weak. As 2 officers stopped him, I was wondering if I were to call evidence from the officer who does not show up (assuming only 1 officer comes to court) would the Justice throw the case out since that would not be possible?
I'm going to guess that you are not a lawyer, or you would not be asking me for advice! :-)
The best that you are going to be allowed to do in traffic court is to sit beside your tenant and suggest questions to him to ask on his own. I have yet to see a justice in traffic court allow an agent to conduct a trial.
If you feel that one of the officers is not going to show up and that the officer will have evidence necessary for the trial, you will have to see that the officer is subpeonaed as a defence witness. If they don't appear, they cannot testify.
You may also wish to consider arranging for a translator to be present at the trial.
Both the subpeona and the translator may be arranged for with the court registry at the place where the trial will be held.
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