So listen,

I have a question,

I am being charged with operating a vehicle with no insurance.

Can they proceed without the officer present?

Only if you forgot to check the box on your motion to appear: "I wish to challenge the officer's evidence."

Oh, and IANAL so take that with some salt

I never had the option of taking it to court or not, I was issued a ticket, I showed up, and then booked a court date.

This is at the Markham court house.

When you book the court date they ask you if you are challenging the officer's evidence, which in turn dictates whether or not the officer must be present for the trial to take place.

At least that's how it works in Peel.

The thing is, I was never asked whether a court date was going to be booked or not.

I was given a notice to appear, when I appeared, a court date was scheduled.

I was asked for my information when I was parked in a Tim Hortons parking lot. That's private property no?
Does she have the right to do that?

if you were in a parking lot when you weren't operating the vehicle,and got ticketed for driving without insurance considering you weren't driving it's an unexplainable ticket and the cop probly won't even show up,or just tell the judge a bs story saying you're buddy was driving and he was inside taking a piss at the time you were sitting at the wheel,inspecting the car,"it didn't seem to run rite" if you weren't actualy driving,they ain't got **** on you bud.

Cesar what that was, is a first appearance notice. The officer only has to show up if you decide to plead not guilty and take it to a trial.

If she isn't there take it to trial.. and get it tried that day. It will get thrown out I have seen it first hand for speeding tickets. Don't let them talk you into setting another date. Unless the officer couldn't be there for a legitimate reason they have to proceed with the trial in which with no officer there is a lack of evidence. This only works for actual court dates, not with appearnce notices.

Things may work differently in your area, ask around.

Thanks guys

If it's a summons, which it would be for that charge, then yes you have to be there, but the officer doesn't necessarily that day. The charge you got will be only be dropped if he didn't see you drive in or out of the lot. Did he see you driving at all?