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After your initial charge of Stunt Driving or Racing in Ontario, you have to prepare for your court appearance or meeting with the prosecutor.  Here are some tips to avoid putting your case or your driver's license at risk

The prosecutor is not your friend (but they are not your enemy either)

The prosecutor's job is to act on behalf of the Province of Ontario, not you.  Most prosecutors are very friendly, and should be treated with respect.  But do not confuse this with them advocating for you.  The only person that will advocate on your behalf is your legal representative or yourself.

The prosecutor relies on the evidence provided by the police to determine what penalties they will seek in your Stunt Driving case.  They will know from the evidence your:



- age

- speed

- radar

- circumstances of the charge

- driving record and history

- licence class

- interaction with the police

- and much more



From this information, they should be able to make a determination about the penalties they will be seeking on your Stunt Driving charge.  For example, they can ask for $2,000 or anywhere up to $10,000.  They can ask a 1 year suspension, or up to 3 years.  They can ask for jail, or no jail. 

Don't tell the prosecutor you don't believe the evidence

The evidence is exactly how the prosecutor decides how to proceed with your case.  You not "believing" the evidence or radar is not a defence.  They have evidence in front of them that is telling them the radar is correct.  And that is how they will proceed.  If you do not believe the evidence, you would be legally within your right to ask for a trial to dispute it, but that is quite risky.  But if you are having a discussing with the prosecutor, telling them you have a problem believing the information in front of them is not necessarily helpful in the discussion.  It does not help resolve your case.

Don't tell the Prosecutor how unfair the officer was at the roadside

Unless the officer's behaviour is illegal or if it somehow changes the radar or speed, this is not a wise way to proceed.

At this point, the prosecutor is looking at the speed, the radar, and your driving history.  The officer is not particularly relevant unless they will actually impact the outcome of the speed.  The prosecutor is relying on the evidence in front of them, not on the behaviour of the officer.

Now what?  I am losing my license if I try this myself and don't know what to say?

Now you are approaching your day in court which includes a further 1-3 year license suspension.  Get legal advice - it's free - but can help develop a strategy to remove the harsh penalties of a Stunt Driving charge.



https://youtu.be/Gmfcqsq-2E0 https://www.nextlaw.ca/2022/05/10/stunt-driving-in-ontario-dont-tell-this-to-the-prosecutor/

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