Fighting a Stunt Driving ticket in Ontario?  Here are the facts...


Anyone can fight their Stunt Driving or Racing charge ticket in Ontario.

And it may be possible to win. And in some cases, it may be possible to get your charges withdrawn, even if you’re guilty.


How can you get your Stunt Driving or Racing charge withdrawn (or dismissed)?


If there is a big mistake with your Stunt Driving or Racing ticket, it may get withdrawn.

And, there are 2 types of mistakes that can happen with your charge: Fatal Errors, and Minor Errors.

- If your charge has a “Fatal Error”.

- These are errors that would impact the core of the charge itself.


- These mistakes cannot be fixed.


- Your charge would be withdrawn. Your case would be over!

- If your charge has “Minor Error”.

- These errors can be fixed by the court. And, the case against you continues.

Where can you find the mistakes?


In your disclosure! The disclosure is all the evidence that the court has against you and will be used to prosecute the case against you.

- These mistakes are typically found in your disclosure. That’s why it’s so important to get your disclosure and read it over.


- Something missing? If you believe there is some evidence or information that is missing, then you should request to get that missing information. Speak to the Prosecutor to find out how to order the missing disclosure.

The Prosecutor, upon seeing the Fatal Error, may decide to withdraw the charge.

Or, the Justice of the Peace, upon seeing a Fatal Error, may rule that the charge be dismissed.

What are your chances of getting the charges withdrawn?


Be realistic. It’s a small chance that your charge may have a “fatal error”, but it does happen. And it’s worth finding out.


What should I expect when going to court for my Ontario stunt driving or racing charge?


The most important thing to remember with any charge – whether you’ve been charged with Stunt Driving, or Racing, — is that you are presumed innocent.

- It’s the government’s job to prove you are guilty. You do not need to prove you are innocent.


- To prove the charges against you, the government must go through a very specific legal process. This legal process starts with what is called a “first appearance.”

How long does it take for my stunt driving or racing charge to proceed against me in the Ontario courts?


The charges against you will take time. The legal process does not happen overnight. However, the courts cannot take forever to prosecute the case against you.

- Generally, the courts have up to 18-months to bring the charges against you to trial. If your case goes beyond that 18-month time period, it may be possible to get your charges withdrawn because your right to have your case heard within a reasonable period of time has been breached. This is a constitutional argument that you should speak to your lawyer about.

https://youtu.be/t1JYWFlBZ1Y https://www.nextlaw.ca/2021/06/03/fighting-a-stunt-driving-ticket-in-ontario/