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Because an affidavit is a sworn statement, it carries more weight in
court than a signed letter stating the same facts. This also means
that there is a better chance of the Crown agreeing that the
matters referred to in the affidavit are agreed facts. In turn, such
agreement increases the driver's chances of success at proof.
The affidavit itself takes a legally-prescribed form and is usually
presented in the form of a series of facts in numerical order. A
well-prepared affidavit can be extremely useful in persuading the
court of the veracity of the driver's case. A good solicitor will
prepare the affidavit and arrange for it to be sworn.
Signed Letters
Signed letters from interested parties act as an another alternative
to the person appearing in court as a witness.
Generally, letters are
less persuasive than
affidavits because
they are not sworn
documents. It is also
less likely that the
C r o w n w i l l n o t
dispute the evidence
of a letter as opposed
to a signed affidavit.
For such reasons,
affidavits are generally preferable to letters, particularly where they