Nextlaw - Ontario's Stunt Driving, DUI & U.S. Waiver Law Firm

The Toronto Provincial Offences court is one of the busiest courts in Ontario when it comes to handling Stunt Driving cases. There are a few important factors to keep in mind if you were charged with Stunt Driving and have an appearance in Toronto.  Let's investigate. The Toronto court encompasses 3 areas of Toronto Most people think of downtown when it comes to Toronto.  However, there are 3 courts that fall under the jurisdiction of Toronto - Scarborough court - this court is located at 1530 Markham Road.  The physical court and name may be in Scarborough, but the it is often referred to as the Toronto East court.  It is managed by the same prosecutors from all regions of Toronto - Eglinton Court - this court is at 2700 Eglinton Avenue, and is listed as the Civic Center.  This is referred to as Toronto West.  Again, this court is part of the Toronto court system - Old City Hall - this court, located at 60 Queen St. West is the main court covering downtown Toronto W...

If you have been charged with Excessive speed or stunt driving in Ontario (same charge under Section 172 and same penalties), it is important that you seek legal advice as soon as possible. Stunt driving is a serious offence under the Highway Traffic Act of Ontario and can result in significant fines, the suspension of your driver's license, and even imprisonment. What should I do after an Excessive Speeding or Stunt charge? If you have been charged with excessive speed or stunt driving in Ontario, it is important to take the charge very seriously. This type of charge can carry significant penalties, such as huge fines, demerit points, license suspension and even jail time in some cases. Here are some steps you should take if you have been charged with excessive speed or stunt driving in Ontario under section 172 of the Highway Traffic Act: - Consult with a law firm that specializes in Stunt Driving: It is a good idea to speak with a legal representative as soon as possi...

As experienced traffic law practitioners in Ontario, we frequently encounter clients whose primary concerns about stunt driving charges revolve around insurance premium increases and demerit points. While these concerns are understandable, they reflect a fundamental misunderstanding of the severity of charges under Section 172(1) of the Highway Traffic Act. This perspective undermines the gravity of the situation and distracts from the genuinely life-altering consequences that demand immediate attention. The Real Impact of a Stunt Driving Conviction A stunt driving conviction's most immediate and severe consequence is the mandatory minimum one-year license suspension. This single penalty fundamentally transforms every aspect of daily life, from professional obligations to personal independence. Many of our clients initially fail to grasp how this suspension will affect their ability to maintain employment, fulfill family responsibilities, or maintain their current lifestyle. Th...

DUI Lawyer vs. Criminal Lawyer: Who Should You Choose in Ontario? When you're navigating the legal world in Ontario, especially after receiving a DUI charge, it's crucial to know the differences between a DUI lawyer and a general criminal lawyer. Let's dive into it! Specialized Expertise Matters In Ontario, DUI charges have their own nuances, intricacies, and challenges. If you find yourself facing such a charge, it's highly beneficial to have a lawyer by your side who focuses solely on DUI cases. Why? Because they bring specialized expertise to the table. Why Not Just Any Criminal Lawyer? Many talented criminal lawyers operate in Ontario. While they might be excellent in handling various criminal charges, from theft to murder, a DUI case demands in-depth, specific knowledge. Even a highly successful general criminal lawyer might not offer the edge required to successfully challenge a DUI charge. The Crucial Role of the Charter of Rights and Freedoms The C...

When facing DUI charges, most people envision themselves in a courtroom, standing before a judge and jury. However, the reality is quite different – most DUI cases never actually make it to trial. As a DUI lawyer at NextLaw, I've seen firsthand how cases are typically resolved behind the scenes, and today I'm sharing four crucial insights that could save you thousands of dollars and months of stress. The Power of Resolution Meetings One of the most powerful yet least understood aspects of DUI cases is something we call a resolution meeting, or in legal terms, a Crown pre-trial. Just as any major deal in life involves negotiation, these meetings serve as the primary forum for resolving DUI cases. What makes these meetings particularly effective is their private nature. Taking place behind closed doors with just the defense lawyer and Crown lawyer present, these conversations allow for honest, straightforward discussions about your case. No judge, no jury, and no public gallery...

Are you wondering about the penalties for street racing or stunt driving in Ontario? You could face severe consequences, including potential jail time. Let's break down what Ontario's Highway Traffic Act says about street racing, how you can get charged, and the steps to avoid severe penalties. What Is Street Racing or Stunt Driving? Street racing, or stunt driving, is more than just speeding. Under the Highway Traffic Act of Ontario, you can get charged for a variety of actions that put public safety at risk. These include: - Burning rubber or making your tires squeal. - Tailgating or cutting off other drivers. - Spinning your car intentionally, like doing doughnuts. - Blocking other cars, bikes, or pedestrians. - Driving while not actually in the driver's seat, aka "ghost riding. - Ignoring road conditions or driving recklessly. - Lifting your tires off the road intentionally, like popping wheelies. But What If I'm Racing on Private Pro...

Wondering how to successfully fight a DUI charge in Ontario? You're not alone. One of the key elements in many DUI cases is the breathalyzer test, also known as the "Over 80" test in Ontario. In this simplified guide, we'll walk you through how to challenge DUI breathalyzer results and the reasons why your DUI case could be dropped. What is the Over 80 DUI Charge in Ontario? If you're facing an "Over 80" DUI charge in Ontario, it means you've been tested and found to have more than 80 milligrams of alcohol per 100 millilitres of blood. The prosecutors, commonly known as crown lawyers, will try to use these breathalyzer readings to prove you're guilty of DUI. How to Challenge the Integrity of DUI Breathalyzer Results Challenging the validity of your breathalyzer test is a common defence strategy used by DUI lawyers. Here's how it can be done: 1. Was the Observation Period Properly Followed? Before you blow into the breathalyzer, th...

When drivers are pulled over and charged with stunt driving under Section 172(1) of the Highway Traffic Act (HTA), they often face multiple accompanying charges. Understanding how these charges interact and their implications for your defence strategy is crucial. Primary Stunt Driving Charge The stunt driving charge carries severe immediate consequences, including a 30-day roadside license suspension and 14-day vehicle impoundment. Upon conviction, penalties can include: - Fines ranging from $2,000 to $10,000 - Up to six months imprisonment - License suspension of 1-3 years for first offense - Mandatory driver improvement course - Six demerit points Common Accompanying Charges Speeding Tickets While stunt driving often involves excessive speed (40-50 km/h over the limit), officers frequently issue separate speeding tickets. This might seem redundant since the speed element is already captured in the stunt driving charge, but it serves as a backup charge should...

When you hire an experienced U.S. Entry Waiver lawyer, you're not just buying a service – you're investing in expertise that can save you thousands in mistakes and protect your ability to travel to the United States. As Dan Joffe, a dedicated U.S. Entry Waiver lawyer at NextLaw, I'll reveal three key examples of what this expertise truly means – and it might not be what you expect. 1. When Not to Apply Sometimes, the best legal advice is not to apply at all. Here's why: U.S. Customs and Border Protection has one primary concern – are you rehabilitated? Will you commit another crime in the United States? While you might know you won't, they need concrete proof. Recently, a client wanted to apply immediately after completing probation. My advice surprised him: "There simply hasn't been enough time to prove you've changed. Applying now would result in a denial, and that denial would stay in U.S. Customs and Border Protection's system forever. Any fut...

Distracted driving, a grave concern in Ontario, has now surpassed impaired driving as the leading cause of fatalities on our roads. With one in five road fatalities attributed to this dangerous behavior, Ontario has implemented some of the strictest penalties in Canada to combat it. Understanding Distracted Driving in Ontario Distracted driving encompasses any activity that diverts attention from the road. Under Section 78(1) of the Highway Traffic Act, distracted driving includes: Common Distractions: - Using handheld electronic devices (phones, tablets, GPS) - Texting or typing, even at red lights - Operating devices without hands-free technology - Adjusting music or radio stations - Eating, drinking, or grooming while driving 2025 Penalties and Fines Ontario's penalties for distracted driving are not just severe, they also increase in severity with subsequent convictions. This tiered system is designed to discourage repeat offenses and promote safer dri...

Getting charged with Stunt Driving in Ontario is a bit shocking. Aside from getting a 14-day impound and 30-day license suspension, you now have to appear in court a future date to defend yourself against a 1-3 year license suspension, 2-10 thousand in fines, possible jail and more.  Often our law firm has to address the concern from a client who says "it's my first time getting charged"...Let's investigate. What's involved in getting Stunt Driving charges dropped? Stunt Driving charges can be dropped or withdrawn for any of the following reasons: fatal errors in police evidence, procedural issues in Ontario court, or Charter section 11(b) unreasonable delay as a Constitutional Remedy. Everything you have heard about Stunt penalties - is for a first time offender Often, people read about potential jail and a mandatory 1-3 year license suspension and then think - "but it's my first time"....Well, believe it or not, everything you have read abo...

Are you facing a stunt driving charge in Ontario and questioning the accuracy of the police radar reading that led to your charge? Many drivers in this situation believe their car's GPS, Waze, speedometer, or other speed tracking devices show a different speed than what's indicated on the police radar. Let's demystify this complex issue. Police Radar: The Primary Evidence in Speeding Cases In Ontario, it's commonly accepted by the law that police radar devices are reliable speed detectors. These devices are regularly calibrated, tested, and have been utilized for decades to measure vehicle speeds. Whether it's a radar, a laser, or any other speed capture device, the technology has been established as an accurate means to determine a driver's speed in Ontario Provincial Offences court. An active and trained officer is recognized as an authority figure, tasked with implementing the law and issuing stunt driving charges where necessary. Despite personal fee...

As a legal representative in stunt driving cases in Ontario, I have witnessed firsthand the profound impact these charges can have on self-employed individuals and business owners. The consequences extend far beyond personal transportation challenges, often creating significant disruptions to business operations and professional relationships. Immediate Consequences of a Stunt Driving Charge The moment a stunt driving charge is issued, business owners face immediate and severe restrictions. The law mandates an immediate 30-day license suspension and a 14-day vehicle impoundment, regardless of whether the vehicle is essential for business operations. These immediate penalties, combined with a mandatory court appearance, can severely impair your ability to maintain client relationships, fulfill delivery obligations, and manage daily operations that require transportation. Understanding Stunt Driving in the Business Context Many business owners are surprised to learn that stunt dr...

Getting your license back after a DUI can feel overwhelming. As a DUI lawyer, I'll explain the steps required to get you back on the road. Understanding the Suspension Process Immediate Administrative Suspension The moment you're charged with a DUI, you face a 90-day administrative driving license suspension. This occurs before any conviction and operates independently from court penalties. Your vehicle will be towed and impounded immediately. Court-Ordered Suspensions Upon conviction, judges must impose minimum driving prohibitions: - First offense: One-year minimum - Second offense: Two to five years - Third offense: Three years to life The final duration depends on aggravating factors in your case. Ministry of Transportation (MTO) Suspensions The MTO operates parallel to the courts with its own framework: - First offense: One-year suspension - Second offense: Three-year suspension - Third offense: Lifetime suspension (reviewable after 10 yea...

Three Critical Mistakes to Avoid When Facing a DUI Charge in Ontario Facing a DUI (Driving Under the Influence), Impaired Driving, Over 80, or Refusal to Take a Breathalyzer Test charge in Ontario can be daunting. Here are three common mistakes you should avoid to ensure the best possible outcome. 1. Don't Panic: Stay Calm and Seek Legal Advice Firstly, while a DUI charge is indeed a severe issue with substantial implications, panicking can negatively affect your ability to make sound decisions. Panic can result in poor choices that may lead to avoidable, unfavorable outcomes. Remember, a DUI case may take several months or even over a year to conclude, so there's ample time to regain your composure and seek appropriate legal counsel for your DUI charge. 2. Don't Assume Defeat: Your DUI Case May Be Winnable Secondly, even if the details of your DUI case appear unfavorable, it's crucial not to presume you'll lose. The responsibility of proving your guilt be...

For Canadians with a criminal record, entering the United States can be complex and stressful. The prospect of being denied at the border is not just inconvenient—it can be devastating to your travel plans, business opportunities, and family connections. Understanding the ins and outs of U.S. Entry Waivers is crucial for ensuring your legal entry into the United States. As a dedicated U.S. Entry Waiver lawyer at NextLaw, I've guided numerous clients through this process. In this comprehensive guide, we'll explore three critical aspects of U.S. Entry Waivers that could make the difference between successful travel and being turned away at the border. What Is a U.S. Entry Waiver? A U.S. Entry Waiver, officially known as an I-192 Waiver or "Application for Advance Permission to Enter as a Nonimmigrant," is a unique permission slip from the U.S. government. But who needs one? The United States can deny entry for various reasons, including: - Health concerns - Se...

When you were charged under Section 172 of the Highway Traffic Act, the officer may have indicated that you were either Stunt Driving, racing, or using excessive speed. Although they seem like different charges, they are all the same, because they all fall under Section 172 and have the exact same penalties.  Some officers indicate the exact method of charging you, and some don't.  But it all equals Stunt Driving charges in the court. Let's investigate. Stunt Driving Stunt Driving, according to section 172 of the Highway Traffic Act, has more than 8 different way in which you can be charged, including, but not limited to, Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it. This would be most people's literal definition of S...

Are you facing an impaired driving charge and wondering about your rights during a DUI investigation? In this blog, I'll explain a crucial Charter right that could affect your case - Section 10(a). Understanding Section 10(a) Charter Rights in DUI Investigations Section 10(a) of the Canadian Charter of Rights and Freedoms has become increasingly important in impaired driving cases in Ontario. This constitutional right requires police to inform you promptly of the reasons for your detention or arrest. But what does this mean in a DUI investigation? Let's break it down. When Does Section 10(a) Apply in Impaired Driving Cases? The moment a police officer shifts their focus from a routine traffic stop to a DUI investigation, they must inform you of this change. This means: - If you're stopped for speeding but the officer begins to suspect impaired driving - When an officer approaches you in a parked vehicle to investigate possible impairment - If the focus cha...

As a law firm focused on fighting careless driving charges, in this article we will provide some insider secrets on how to fight a careless driving ticket issued under section 130(1) of the Highway Traffic Act of Ontario. Getting charged with a careless driving ticket in Ontario is a stressful experience with potentially serious consequences. However, with the right approach and preparation, it is possible to fight this charge and avoid the penalties successfully. Understanding the Charge Careless driving is defined in section 130(1) of the Highway Traffic Act of Ontario (the HTA) as driving "without due care and attention or without reasonable consideration for other persons using the highway. This is a serious charge that carries significant penalties, including: - Fines ranging from $400 to $2,000 - Possible imprisonment for up to 6 months - License suspension for up to 2 years - 6 demerit points - Substantial insurance premium increases Given the serious ...

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...

If you've received a DUI penalty increase notice, you're likely concerned about what this warning means for your case. As a DUI lawyer at NextLaw, I want to help you understand exactly what you're facing. In this comprehensive guide, we'll explore three critical aspects of DUI penalty increase notices that every defendant needs to understand. What Is a DUI Penalty Increase Notice? The justice system recognizes that not all DUI cases are equal. A first-time offender shouldn't face the same consequences as someone with multiple convictions. This is where the DUI penalty increase notice comes into play. A Notice of Application for Increased Penalty is the Crown's formal declaration that they're aware of your previous conviction and intend to seek harsher sentencing. This notice is mandated under Section 727(1) of the Criminal Code of Canada, serving as an official warning that enhanced penalties will be pursued in your case. Critical Timing Requirements ...

Are you facing DUI charges in Ontario? Your defence could hinge on a crucial timeline that many people don't even know exists - the two-hour rule. As a DUI defence lawyer at NextLaw, I've seen how understanding this rule can completely change the outcome of a DUI case. Understanding the Two-Hour Rule and Its Impact In this comprehensive guide, you'll discover three critical aspects of the two-hour rule that could significantly affect your DUI case: - The fundamental meaning of the rule and its legal importance - Why the timing of your breath test can make or break your case - How this timeline could become your strongest defence strategy What Is the Two-Hour Rule? Timing becomes crucial when you're pulled over and arrested for a DUI. The two-hour rule states that police must conduct your first breath test within two hours of your last driving moment - not from when they pulled you over or arrested you. This isn't just a procedural guideline. It's...

You were just charged with Stunt Driving or Racing in Ontario , and you are still at the roadside.  Or maybe you are being charged as you read this.  Here is the checklist that you must follow, so that you make sure everything goes smoothly. ✅ Take someone with you to get your car out of impound Remember, your impound is only 14 days, but your license suspension is 30 days.  This means your car can be picked up 16 days before you are able to drive.  Take a friend or family member with you to get the car, so they can drive it home.  Do not pay for even 1 extra day in impound.  It is expensive. ✅ Go to Service Ontario on day 30 of your suspension Get your license out of suspension right away.  Go to any Service Ontario , bring your documentation from the officer, and you should get your license back right away, at no cost.  Your license is in administrative suspension, and as of when this article is written, there is no charge to get it back .  You will get a temporary license and a new ...