Skip to main content


The ultimate outcome from a Stunt Driving charge is to not have a Stunt Driving charge. This can happen by fighting your Stunt Driving charge in the Ontario courts, either by discussing your case with the prosecutor, or by fighting the charge at a trial.  Either way, you will only get one chance to make your case, which will determine you losing your license for 1 year (or more) or being able to continue to drive.

Before you do either (prosecutor or trial) - you need to understand your evidence

The evidence in your case (called disclosure) is a combination of the roadside notes, officer information, your driving record and more.  This is the ultimate piece of information that the prosecutor will use to determine if your case should proceed or if there is a major error, causing the case the get withdrawn.

The details in the evidence are key



- The time of day of the incident

- The radar reading (if Stunt charge is speed related)

- The officer interaction with you

- The location, car, and other details



Understanding this document is very important.  Even if there is not a major error (to get the charge withdrawn), perhaps there is a relative minor error that can help the discussion with the prosecutor.  Knowing how to capitalize on the evidence and use it in your case is critical.

Emotional and personal feelings about the charge are not relevent

Remember, this is a prosecutor acting on behalf of the province in a court of law.  Discussing details outside of the actual evidence may not be relevant, and may actually work against you in your case.  Understanding the negotiation process with the prosecutor is key here, because they have A LOT of power.  They determine the penalties in your case, or have to agree to lower or amend your charge.

One chance is really all you will get to fight your stunt Driving charge in Ontario court

Courts are very busy.  Prosecutors have a massive caseload.  Your case is just one in a hundred they are dealing with at the same time.

If your discussion does not go well, you will most likely not get another chance to talk about your case.  Provincial Prosecutors in Ontario generally give you one opportunity to discuss the details of the case.  If you do not handle this discussion well, or things get heated, or you do not make a convincing case, this could be the difference between driving or not driving for a year or more.

A trial is even riskier.

At least the discussions with the Prosecutor are private and take place outside of the courtroom.  At a trial, you have to dispute the evidence and try to prove your innocence, even though the radar says otherwise.  I don't need to tell you how much skill this takes to master in a courtroom.  If you choose the option of a trial, and it does not go your way, you will lose and be convicted of Stunt with a minimum of one year license suspension, $2,000 - $10,000 in fines, 6 demerits, possible jail and more.

Now what?  I am nervous about the next steps with my Stunt Driving charges

Getting your car out of the impound, and the high fees are just the start of the legal process.  Those were only immediate roadside penalties for Stunt Driving.  Now you face even worse penalties in court, including 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/O_azeQl35V4 https://www.nextlaw.ca/2022/05/23/fight-stunt-driving-in-ontario-you-only-get-one-chance-to-keep-driving/

Comments

Popular posts from this blog

DUI - Blow a 'Warn' or over 0.05. What happens next? - What happens when the Police make you take a roadside breath test and the result comes back as a "Warn”? - First, some important context. - The Police will make you take a breath test if they suspect that you've consumed alcohol while driving or in the care or control of a vehicle. - At the roadside, you'll be asked to blow into a device. - This device will come back with three possible results. - Pass, which means you've done nothing wrong. - Fail, which indicates that your blood alcohol concentration level is above 80.   - At this point, the Police will place you under arrest and will take you to the Police station to undergo further alcohol testing. - The third possible result is a "warn." - That means that the device detected alcohol in your system above 50 but below 80, which would place you under arrest. - However, there are consequences of blowing in this ...
Distracted driving has become one of the most significant road safety issues in Ontario and across Canada in recent years. To address this growing problem, the Ontario government introduced Section 78(1) of the Highway Traffic Act, which prohibits using hand-held devices while driving. This article provides a detailed overview of Section 78(1), its implications for drivers, and its impact on road safety in Ontario. Background and Context With the proliferation of smartphones and other mobile devices, distracted driving emerged as a significant concern. Studies have shown that using a phone while driving significantly increases the risk of accidents. In response, Ontario first banned hand-held devices while driving in 2009. Section 78(1) was later introduced to strengthen and clarify these laws. Key Provisions of Section 78(1) - Section 78(1) of the Highway Traffic Act states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless co...
This is BAD for your DUI Case - In this article, I will explain what increases the seriousness of your DUI case. - This is an important topic because a more serious DUI case will significantly impact your legal process and the outcome you may face. _____________________ ✅   Take our DUI Arrest Test _____________________ ✅   Book a free, confidential call with lawyer, Dan Joffe ____________________ - There’s something called aggravating factors that can impact the gravity of your Impaired Driving, Over 80 or Refusal Breathalyser case. - In plain English, it means there’s evidence surrounding your DUI, which increases the severity of what happened. - Here are some examples of aggravating factors. - Very high blood alcohol readings. - If there were kids in your vehicle. - If you were travelling at a high rate of speed. - If you were driving in an erratic manner such as swerving your vehicle in and out of traffic. - An accident causing property damag...