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

When applying for a U.S. Entry Waiver, one fundamental mistake can destroy your chances of success – dishonesty. This isn't just about telling one lie; it's about the importance of being completely truthful about your past throughout the application process. The Truth About Partial Honesty Partial honesty equals dishonesty. Many applicants believe they can disclose most of their history while concealing "just one thing." This approach is fundamentally flawed. Every instance of hiding information constitutes a critical error in your application. The impact of dishonesty extends beyond individual forms. Each interaction, document, and conversation with CBP officers represents a moment where truthfulness is essential. Selecting what to disclose and hide creates a pattern that will ultimately compromise your case. Modern Border Technology and Truth Today's border security systems are designed to expose every inconsistency in your application. U.S. Customs and Bo...

Understanding the Implications of a Stunt Driving Conviction in Ontario: An Easy Guide Navigating the complex world of stunt driving charges can be challenging. This straightforward guide aims to illuminate the life-altering consequences of a stunt driving conviction in Ontario. We will explain everything in a simple, accessible way that is perfect for those unfamiliar with the topic. The Stunt Driving Conviction: A Heavy Burden to Bear The repercussions of a stunt driving conviction reach far and wide, beyond what you might find in an online search. These range from hefty financial penalties to a drastic change in your daily life. Here's a quick summary of the penalties one might face: - Fines ranging from $2,000 to $10,000 (plus an additional 25% in court costs) - Mandatory license suspension lasting 1 to 3 years - Up to 6 months in jail - 6 demerit points - Potential insurance cancelation, mandatory driving courses, and more Yet, these penalties only represent the tip...

The misconception about a Stunt Driving charge in Ontario is that it is just a SPEEDING ticket.   True, it is related to the speed of your car.  True that normal speeding tickets are just a fine and demerit points.  So why all of a sudden, is this "speeding" ticket causing a 14-day car impound, a 30-day license suspension, and forcing you to appear in court to face a further 1-3 year license suspension, $2000 - $10,000 in fines, and possible jail time?  Let's take a close look. Isn't Stunt Driving the same as a regular speeding ticket? The answer is no.  A speeding ticket, is considered to be breaking the law - the speed limit - in a range that is against the posted limit, but not in a range that threatens the lives of individuals.  This is called a "Part 1" offence, and can be resolved on your own by simply paying a fine and getting some demerit points from the MTO.  Easy, done, nothing more. A Stunt Driving charge is very different.  It has been up...

As a legal representative who has handled countless stunt driving cases in Ontario courtrooms, I've witnessed firsthand how a single court appearance can dramatically impact someone's future. Let me share what happens during these crucial early resolution meetings, often called "spoken to" dates. The Reality of Your First Court Date Walking into court for a stunt driving charge can be overwhelming. Unlike regular traffic tickets, you'll find yourself in a much more formal setting, facing prosecutors who handle serious driving offences daily. These aren't simple speeding tickets - under Section 172(1) of the Highway Traffic Act, you're dealing with one of Ontario's most severe driving offences. What Happens in Early Resolution Court The Initial Discussion When your case is called, you'll approach the prosecutor's table. This moment is critical - it's your first opportunity to discuss your case with the Crown. However, many defendan...

DUI Ontario: The Truth About Plea Bargains - People charged with a DUI in Ontario want to know, can they beat their DUI? - And if not, how can they get the best outcome to avoid the harsh penalties that come with a DUI conviction? - And the answer may be with a plea bargain. - But, there are lots of misconceptions about DUI plea bargains in Ontario, so let me clarify. 1/ What is a DUI plea bargain? - A DUI plea bargain is an agreement between the defendant (that's you) and the crown which is the lawyer representing the government. - In a plea bargain, you agree to plead guilty to a lesser charge that would allow you to avoid a DUI conviction. - Or you agree to plead guilty to the DUI charge in exchange for a reduced or less severe sentence. - While DUI defence lawyers will try to get your DUI charge withdrawn, there may be a point where the evidence against you is so strong that the risk associated with going to trial may be too high. - That risk may am...

Stunt driving is considered a serious offence in Ontario, potentially leading to heavy penalties. This article will demystify the perspective of the prosecutor on such charges and help you comprehend why such severe penalties exist. Facing Stunt Driving Charges: A Common Misunderstanding Many people charged with stunt driving often struggle to grasp why they're facing significant consequences like potential jail time. They wonder, "I'm a law-abiding citizen, how can I face such severe penalties for a single mistake?" Here's how a prosecutor might see it. Ontario's Stunt Driving Charges Through the Prosecutor's Eyes An Ontario prosecutor perceives you as someone who has committed a grave act that threatens public safety. In their view, stunt driving, which they define as driving dangerously or with willful disregard for others' safety, is a serious violation. This perceived threat to public safety explains the severe penalties for stunt drivin...

Many drivers believe a brief moment of excessive speed or a quick passing maneuver shouldn't result in severe consequences. However, Ontario's stunt driving laws under Section 172(1) of the Highway Traffic Act are not forgiving, regardless of how briefly the offence occurred. Understanding the Law's Strict Application The Highway Traffic Act makes no distinction between someone who speeds excessively for 15 seconds versus 15 minutes. You've committed the offence once you exceed the threshold - 40 km/h over the limit on roads under 80 km/h or 50 km/h over on roads 80 km/h or higher. Immediate Consequences The moment an officer determines you've committed a stunt driving offence, several automatic penalties take effect: - Your license is immediately suspended for 30 days - Your vehicle is impounded for 14 days - You receive a summons to appear in court These penalties apply regardless of your explanation about passing another vehicle or only speeding...

Challenging a distracted driving charge in Ontario is not a lost cause. With the right strategies, you can successfully defend yourself. Here are the most effective defences that have brought relief to many facing these charges. 1. Insufficient Evidence Officer's Observations The prosecution must prove that you were using a prohibited device while driving. The officer's testimony must be clear and consistent about what they observed. If there are gaps or inconsistencies in their observations, this can create reasonable doubt about your guilt. 2. Emergency Situation Defence Legitimate Emergencies Ontario law recognizes exceptions for emergencies. If you can demonstrate that you were using your device to: - Call 911 - Contact emergency medical services - Respond to a genuine emergency This defence can be valid, though you must provide concrete evidence to support your claim. 3. Technical Device Defence Device Status and Mounting This defence focuses on...

Understanding Stunt Driving Charges at Kitchener / Waterloo Court: A Simplified Guide Welcome to the bustling world of the Kitchener / Waterloo Provincial Offences Court, Ontario's hotspot for Stunt Driving cases. Despite the shift to virtual court appearances through Zoom, you'll still find yourself tackling the same legal hurdles as you would in-person, particularly when it comes to the aggressive prosecutors in Kitchener / Waterloo. Journey through Kitchener / Waterloo Court: An Insight into Stunt Driving Cases One of the busiest courthouses in Ontario, the Kitchener / Waterloo Court has a reputation for its high volume of Stunt Driving cases. This could mean a longer process for collecting necessary evidence and advancing your case due to the sheer number of individuals passing through its (virtual) doors. Be prepared to make multiple court appearances to get your evidence in order. You might also find getting in touch with a prosecutor somewhat challenging due to the...

When applying for a U.S. Entry Waiver (I-192), court documentation can be the critical factor determining your application's success or failure. As a U.S. Entry Waiver lawyer at NextLaw, I've seen how proper documentation can make the difference between approval and denial. Let's explore three crucial aspects of court documentation that every applicant needs to understand. The Essential Court Documentation Requirements The foundation of any successful U.S. waiver application lies in comprehensive court documentation. Simply stating your conviction history isn't enough – the U.S. government requires official proof for every conviction on your record. Here's what your application must include: - Complete official conviction records - Court dispositions - Documentation of parole or probation (if applicable) - Pardon documentation (if relevant) If you cannot obtain certain records, you'll need an official letter from the court explaining why these do...

Have you recently been charged with a DUI in Ontario? Perhaps, you're uncertain about what comes next, especially regarding your initial court date. This straightforward guide will make it easier for you to understand what happens at your first court appearance for a DUI in Ontario. First Court Date for DUI: It's Not a Trial Contrary to popular belief, your first court date after receiving a DUI in Ontario isn't your trial date. Instead, it's called your 'first appearance. At this stage, the officers who charged you aren't required to attend, and the case's details are simply presented to the court for the first time. During this first appearance, three key actions occur: - You enter a plea—either guilty or not guilty. - You receive documents referred to as 'disclosure', which contains the evidence the Crown lawyers intend to use against you. - A date for your next court appearance is scheduled. The Necessity of Showing Up: You or Yo...

Understanding Stunt Driving Charges in Ottawa Court: A Beginner's Guide Are you grappling with Stunt Driving charges in Ottawa? Don't worry; we've got you covered! This article unravels the mystery of Ottawa Provincial Offences court, focusing on why it's unique and how it might influence your Stunt Driving charges in Ottawa, Ontario. You'll discover crucial strategies to handle your case and the vital role a skilled attorney can play. Let's dive in. Ottawa Courts: A Two-Stream System In Ottawa, your Stunt Driving summons might land you in one of two distinct court sections: - Ottawa Provincial Traffic Court: Located at 100 Constellation Drive, downtown Ottawa, this court mirrors other Provincial Offences courts in Ontario. Here, you'll interact with a Municipal or Provincial prosecutor. - Ottawa Federal Traffic Court: What sets Ottawa apart is its federal highways. If your charges arise from these roads, you'll be dealing with a Federal ...

In a DUI case, understanding disclosure can make the difference between winning and losing your case. As a DUI lawyer, I've seen countless cases where seemingly minor details in disclosure documents became the turning point in securing a favorable outcome. Let's explore the five crucial disclosure facts that could be vital to your DUI defense. Understanding the Basics of DUI Disclosure Disclosure in DUI cases extends far beyond just the breathalyzer reading. It encompasses all evidence collected by law enforcement from their initial observation of your vehicle onwards. What many defendants don't realize is that even the smallest detail in your disclosure package could provide the key to winning your case. In fact, I've witnessed DUI cases dismissed based on disclosure details that most people would overlook. The Supreme Court's Stinchcombe Decision and Your Rights The Stinchcombe case fundamentally changed how disclosure works in DUI cases. This landmark Supre...

Brampton Provincial Offences court is one of 3 courts in Peel region, and it is a very busy court in Ontario when it comes to handling Stunt Driving cases. Just because court appearances are by ZOOM, you are still attending the Brampton court and dealing with Brampton Prosecutors. The Brampton court takes a very specific strategy to navigate in order to deal with your Stunt Driving charges.  Let's investigate. The Brampton court is the busiest of the 3 Peel region courts Peel Region has 3 courthouses, all run by different prosecution teams: - Brampton court - this court is located at 5 Ray Lawson Blvd.  This court has just migrated to Municipal prosecutors and has a heavy caseload. - Mississauga court - this court is at 950 Burnhamthorpe Rd W, and is also quite a busy court.  In this court, there are many different prosecutors and court dates are extremely busy. - Caledon court - this court, located at 6311 Old Church Rd and is the smallest of the Peel region courts.  ...

DUI in Ontario - Breathalyzer False Positive Readings - Can a breathalyzer test result in a false-positive reading, leading to an unjust DUI charge in Ontario? - And the answer is, yes. - That’s what I am going to cover in this article. - In Ontario, a breathalyzer device is used by the Police to measure blood alcohol content, known as BAC. - If your BAC is above 0.08, then you will be charged with a DUI. - Specifically, you’ll be charged with an Over 80, and likely, a second charge of operating a vehicle while impaired by alcohol or drug. - But these breathalyzer devices are not perfect. - And there are some cases where you may get a false positive on your breathalyzer result which means your DUI charge would get withdrawn. - Let me take you through a few examples. 1/ Health Conditions - Certain health conditions can cause a positive BAC reading even without consuming alcohol.  - Acetone, which is a naturally occurring compound in the body, can cause...

Getting caught stunt driving is scary enough, but things get even more complicated when it happens in a rental car. As Ontario lawyers specializing in stunt driving cases, we've seen countless clients face this situation. Let's break down what you're dealing with and how to handle it. The Immediate Aftermath Picture this: you're driving your rental car and suddenly pulled over for stunt driving. You could be going 50 km/h over the limit or racing another vehicle. Whatever the reason, here's what happens right away: - Police take your license on the spot - you can't drive for 30 days - Your rental car gets towed to an impound lot for 14 days - You're standing on the side of the road, probably wondering, "What now?" Your Rental Company Is Not Going to Be Happy Let's be honest - rental companies hate getting these calls. When you signed that rental agreement (which you probably didn't read carefully), you agreed not to use the ...