
Most client calls at our firm are individuals that have never been charged with Stunt Driving in Ontario before. They are First time offenders. They are confused, scared and don't understand how to deal with this type of charge, the 14-day impound, the 30-day roadside suspension, or the thought of a minimum 1-year license suspension.
I have a clean record. Won't they just drop the charge?
A clean driving record certainly helps when dealing with your charge, but it is not an argument to get the charge withdrawn. The base of a Stunt Driving charge falls to the radar or laser used to measure your speed (if your Stunt charge is related to a speed of 40km or more in a zone under 80km/h or 50km or more in a posted 80km/hr zone). So unless you are able to find an error with the radar or another major flaw in your charge, it is extremely unlikely to get the charge withdrawn.
A clean record or a 1st offence is not a defence
If your record is clean or this is your first Stunt Driving offence, you cannot use that as a defence to a prosecutor in the provincial courts.
Think this way - the 1-3 year license suspension, the $2,000 - $10,000, the 6 demerits, the possibility of 6 months jail - these are penalties set out by the law for 1st time offenders or persons with a clean record. If you were a second time offender, the minimum suspension is 3-10 years. If your record, is not a clean driving record - then the prosecutor can ask for more than 1 year, or more than $2000.
I'm a law abiding citizen. These penalties are crazy
To you, yes, these penalties seem crazy. But the law was written with one objective - to stop Stunt Driving because Stunt Driving kills. So to you, it may seem like a speeding ticket. But to the lawmakers, you were driving a 2000 pound weapon that could have killed people. So they have created these penalties to deter people from speeding in Ontario.
You may need the services of a Stunt law firm
Dealing with a Stunt Driving charge takes experience, and skill in speaking to the Prosecutor and the courts.
- There may be a strategy to withdraw or amend the Stunt charge
- The strategy depends on the specific court and the prosecutor - every court and prosecutor is different - there is no "one size fits all" solution
- The strategy also has to take into account your speed, your record, the time of day, the evidence and more
A law firm deals with Provincial Prosecutors and Criminal Crowns on a regular basis. So if you want to keep driving, you will need to hire a firm that speaks the language of the Crown and has a solid strategy that they can clearly explain. And the good news - it all starts with a free consultation, so there is no expense or risk for you to understand the strategy. Book a call and keep your license.
https://youtu.be/ntkM4PEB2Xs https://www.nextlaw.ca/2022/06/13/stunt-driving-first-offence-mistakes/
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