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...