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The 30-day license suspension is now active.  If you have been charged as of around July 13, then you are now receiving an instant roadside suspension for 30-days (along with the 14-day car impound). 

The new MOMS (Moving Ontarian's More Safely) Act now includes a 30-day roadside suspension when you are charged with Stunt Driving or Racing in Ontario under section 172(1) of the Highway Traffic Act.  This means that if you speed at 50km/h or more above the posted speed limit in an 80km/h or higher zone, or if you are 40km/h in a zone lower than 80km/h - you will immediately get a 30-day administrative license suspension at the scene of the charge.

How do I get my car back after the 14-day impound period?

With your immediate suspension, you will have to have someone pick you up at the scene of the charge.  This means that you will have to arrange a family member, UBER or another mode of transportation to pick you up at the roadside.  With a license suspension for 30 days, you cannot sit behind the wheel of a car for 30 days, or you risk further, even more serious charges.

The officer has a lot of power - they act as judge and jury

Stunt driving laws in Ontario give the officer the power to charge you, and therefore, enact the suspension and impound without a normal due process. Normally, unless you have been convicted in court, your Ontario Stunt Driving or Racing charge is an allegation that is not yet proven.  However, at the roadside, the officer is empowered to initiate these "pre" conviction penalties - license suspension and car impound.

How can I be suspended if I haven't even seen the radar?  What if I dispute the charge?

Because Stunt Driving is considered a "public safety" offence, the lawmakers in Ottawa have decided that, regardless of the outcome of the case, you need to cool down at the roadside and need to take a 30-day break from driving in the form of a license suspension.  And the car-impound helps to send this message along with the license suspension

If I fight my Stunt Driving ticket and it gets dismissed or some other outcome, can I get back the impound fees or loss of income from the 30-day suspension?

The answer is no.  The law is very specific and there is no recourse to recoup these losses through the Provincial court system where your charges are being heard.  The easiest way to think of this process is in "3-parts".



- The "pre-court" phase.  This is the roadside charge where you get the impound and 30-day suspension.  This happens "before" your charges, and this portion of your charge is not directly related to the court process in phase 2

- The "court" phase - This is where you have to defend yourself in court from the actual charge of Stunt Driving or Racing.  The fact that you were suspended and the car was impounded are not defences or arguable at this phase of your charges.  The relevant facts here are the radar reading, the speed, etc.  This portion is to prove innocence or guilt

- The "post-court" phase. These are the penalties that take place after the court process (or not, if the case is dismissed).  This would involve license suspension, fines, G2 penalties, MTO issues. 



How do I arrange to get my license back?

The good news here is that you have a 30-day administrative suspension.  This means that your license is automatically reinstated after the 30 days.  However, we always suggest to be pro-active and always call the MTO a few days before to double check that the license is being reinstated.  Here are some helpful links:



- Service Ontario (call to make sure your license gets reinstated)

- Drivers license suspension check



So what are my next steps after I get back my Ontario drivers license back?

The 30-day suspension was just the beginning.  Now you have to deal with your charges in court.  A Stunt Driving conviction can have serious penalties such as mandatory 1 - 3 years license suspension (Updated June 3, 2021), up to $10,000 in fines and up to 6-months jail time.  These are the penalties that will impair your ability to work and drive.  These are the penalties that will have a serious impact on your civil liberties.  These are the penalties you need to be focused on.  These penalties should be enough reason to get legal advise and a strategy that will help you keep driving in Ontario.



https://youtu.be/0_zO7b4uazI https://www.nextlaw.ca/2021/07/15/new-stunt-driving-laws-in-ontario-part-2-30-day-suspension/

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