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

DUI Charge - Helping your spouse, partner, child, friend - If someone you care about has been charged with a DUI, what can you do to help them? - It is very common to have a parent, partner, spouse, or friend call our law firm when someone they care about has been charged with a DUI. - Here are 4 things you need to know about helping a loved one. 1/ DUI charge does not mean there’s an alcohol problem - Most people that contact our law firm about their DUI charges are not alcoholics.   - And most do not have an alcohol problem. - The majority of DUI cases are people that had a few drinks and thought that they were okay to drive.   - From your perspective, it's important to recognize the person you care about does have a legal challenge ahead of them but does not necessarily have an alcohol problem. 2/ Can you book a call with a DUI law firm on behalf of someone else? - Yes.  It is common for someone other than the person charged to call our law firm to ge...

Stunt Driving charges under Section 172(1) of Ontario's Highway Traffic Act involve several key players, each with distinct roles and responsibilities in the legal process. Understanding these roles is crucial for anyone facing Stunt Driving charges. The Defendant's Role The defendant is the person charged with Stunt Driving, and their position in the court process is primarily reactive. Upon receiving a Stunt Driving charge, they face immediate consequences: - 30-day roadside license suspension - 14-day vehicle impoundment - Court summons for a future date Primary Responsibilities: - Attending all scheduled court appearances - Making decisions about plea options - Providing complete and honest information to their legal representative - Following court-ordered requirements if convicted The defendant must understand that their actions and decisions throughout the process can significantly impact the outcome. For instance, maintaining a respectful dem...

Record Suspension Canada - 3 Things You Need to Know - When you get a Pardon, there are 3 things you need to know. - That’s what I’m going to cover in this article. - I’m Dan Joffe, Pardon and US Waiver lawyer at NextLaw. - Let me start by stating the obvious. - Getting a Pardon in Canada, which is now called a Record Suspension, is a big deal. - You’ll get peace of mind knowing that your criminal activity will be hidden so you can move ahead with your life. - Here are 3 you need to know about what happens after you are granted a pardon. 1/ What happens to your criminal record? - When you get a Pardon or Record Suspension, the Parole Board of Canada will order the RCMP to seal your criminal record and remove it from the criminal records database. - But, your criminal record is NOT deleted.  And it is NOT erased. - Your criminal record is effectively hidden from the public. 2/ What shows up on a background check or criminal record check? - Because yo...

Pleading Guilty or Not Guilty to Stunt Driving Charges in Ontario: What You Need to Know Understanding Stunt Driving Charges Stunt Driving is a serious traffic offence that carries substantial penalties, including fines ranging from $2,000 to $10,000, immediate license suspension, and possible jail time of up to 6 months. While not a criminal offence, these charges can severely impact your driving privileges and financial situation. Immediate Consequences Upon Charge - 30-day immediate license suspension - 14-day vehicle impoundment - Mandatory court appearance The Court Process Unlike regular speeding tickets, Stunt Driving charges require a mandatory court appearance. When you receive a Stunt Driving ticket, it serves as a summons requiring you to appear in court to answer the charge. Initial Court Appearance The first court appearance is not when you enter your plea. In Ontario's judicial system, the plea comes much later, either at trial or on a predetermi...

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...

How can non-convictions get your Pardon application rejected? - Your application to get a Pardon in Canada, which is now called a Record Suspension, will be reviewed by a Parole Board of Canada Officer. - After reviewing your Pardon Application in detail, that Officer will make a recommendation to the Parole Board on whether to accept or reject your Record Suspension application. - Where people get confused is how someone eligible can get their pardon rejected because of a non-conviction. - Let me explain. - Your eligibility to get a Record Suspension is defined in the Criminal Records Act, and those laws are followed by the Parole Board of Canada. - Assuming you’re eligible, a Parole Board of Canada Officer will review all your behaviour to assess whether you have been someone who has acted with good conduct. - And there’s more to good conduct than not getting convicted of a new crime. - Any negative police contact will be considered by the Parole Board Officer...

Empower yourself by understanding the evidence and disclosure process, a crucial step in building a strong defence when charged with Stunt Driving in Ontario. This process forms the foundation of your case and directly impacts your ability to challenge the charges effectively, putting you in control of your situation. The Fundamentals of Disclosure The disclosure process represents your fundamental legal right to access all relevant evidence the Crown prosecutor holds against you. This essential step ensures you can adequately prepare your defence and understand the full scope of the allegations. A comprehensive disclosure package typically includes the following: - The Crown Screening Form detailing the prosecution's approach. - Investigating officer's notes. - Witness statements. - Photographs. - Crucial technical documentation like radar or speedometer calibration records. Evidence Requirements in Stunt Driving Cases Officer's Evidence as Foundati...

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...

There are two types of excessive speeding / Stunt categories - Residential speeds and Highway Speeds. Stunt Driving charges, based on speed, is divided into: - Residential - speeds of 40km or more in posted speeds of under 80km - Highways - speeds of 80km or more in posted speeds of over 80km Both versions of Stunt Driving fall under section 172 of the Highway Traffic Act, and have the same potential penalties.  However, there are subtle differences between the two speeding thresholds.  Let's take a closer look. What is residential speeds and Stunt Driving? The Stunt Driving law has determined that ANY posted speed limit of under 80 km is considered "residential" and therefore the qualification of Stunt Driving falls to 40 km or more over the posted speed limit.  This is the law, and there is no way to dispute this.  A posted speed limit is a posted speed limit.  Period.  This means that the following excuses do not matter when looking at the details of your...

When you're charged with stunt driving in Ontario, getting a "win" in your case doesn't always mean walking away scot-free. Success can look different depending on your situation, and understanding what's possible can help set realistic expectations for your case. Understanding Real Success The reality is that stunt driving charges in Ontario are serious business. While complete dismissals are rare, many ways exist to achieve a positive outcome. Success means getting charges reduced to a regular speeding ticket for some drivers. For others facing more serious allegations, success could mean avoiding jail time or reducing a potential three-year license suspension to just one year. What's Really at Stake When you're hit with a stunt driving charge, you're looking at some heavy consequences: - License suspensions that can stretch from 1 to 3 years - Fines that could drain your bank account ($2,000 to $10,000) - Possible jail time of up t...

Mandatory Breath Test in Ontario: Can You Refuse? When discussing DUI alcohol screening devices in Ontario, it's crucial to note that refusing a breath test is not an option. Ontario law mandates compliance with a police officer's request for a breath test. Failure to comply will lead to a DUI charge termed "Refusal to Take a Breath Test." This knowledge is key as we delve deeper into the world of DUI alcohol screening devices. Alcohol Screening Devices in Ontario: An Overview Police in Ontario use two types of alcohol screening devices during DUI cases: roadside screening devices and approved instruments. Understanding their functionality and their results is important in comprehending DUI laws. Roadside Screening Devices in Ontario The most prevalent roadside screening device in Ontario is the Alcotest. This portable tool is commonly used at RIDE checks and traffic stops when police officers suspect alcohol consumption. Interpreting the Results: Pass, Wa...

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 ...

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 ...

Stunt Driving charges in Ontario can catch many drivers off guard, extending far beyond public roads and highways to include parking lots and other private spaces. Under Section 172 of the Highway Traffic Act, Stunt Driving laws apply to any area "open to the public," regardless of private ownership or time of day. This comprehensive guide explores the crucial distinction between truly private property and publicly accessible spaces, details common offences that lead to charges, and outlines the severe penalties you face. Whether you've been charged for performing stunts in a mall parking lot or engaging in dangerous driving maneuvers on commercial property, understanding these laws is essential for protecting your rights and navigating the legal consequences. Understanding Private vs. Public Spaces Under Ontario law, private property and publicly accessible spaces are fundamentally different. Publicly accessible spaces are those that can be used by the general public...

DUI Ontario - Can you get fired from your job? - One of the most common questions we get at our law firm is whether you can lose your job if you get charged with an Over 80, Impaired Driving or Refusal to Take a Breath Test in Ontario. - And what impact will your DUI charge have on your employment and background checks? - Here’s what you need to know. 1/ Can you be terminated because of a DUI charge? - Employers have the right to fire employees when there is cause. - A DUI charge is generally not cause for termination because it is merely an allegation and not proof of guilt.  - Our legal system is based on the premise that you are presumed innocent until proven guilty. - So employers may choose to suspend you or change your responsibilities while waiting for the outcome of your DUI case. 2/ How would your employer find out about your DUI charge? - There are multiple ways your employer can find out about your DUI charge. - Criminal charges are public info...

When facing a stunt driving charge in Ontario, your previous driving record significantly influences how prosecutors present your case before a Justice of the Peace. A history of traffic violations can transform what might have been a manageable situation into a severe legal predicament, demanding immediate and careful legal strategy. The Prosecutor's Role in Your Case Prosecutors examine your driving history with intense scrutiny when handling stunt driving cases. Multiple previous speeding tickets or aggressive driving charges paint a picture of a pattern of dangerous behaviour rather than an isolated incident. This perspective often leads prosecutors to push for maximum penalties, but they can also be open to charge reductions or alternative resolutions, offering a glimmer of hope in a challenging situation. Each courthouse in Ontario operates independently, meaning prosecution approaches can vary significantly between jurisdictions. Impact on Court Proceedings The conse...