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

Fighting a Stunt Driving ticket in Ontario?  Here are the facts... Anyone can fight their Stunt Driving or Racing charge ticket in Ontario. And it may be possible to win. And in some cases, it may be possible to get your charges withdrawn, even if you’re guilty. How can you get your Stunt Driving or Racing charge withdrawn (or dismissed)? If there is a big mistake with your Stunt Driving or Racing ticket, it may get withdrawn. And, there are 2 types of mistakes that can happen with your charge: Fatal Errors, and Minor Errors. - If your charge has a “Fatal Error”. - These are errors that would impact the core of the charge itself. - These mistakes cannot be fixed. - Your charge would be withdrawn. Your case would be over! - If your charge has “Minor Error”. - These errors can be fixed by the court. And, the case against you continues. Where can you find the mistakes? In your disclosure! The disclosure is all the evidence that the court has against y...

When facing a Stunt Driving charge in Ontario, it's crucial to understand the immediate cascade of administrative penalties that occur before you ever step foot in a courtroom. Under Section 172(1) of the Highway Traffic Act, police officers have extensive powers to impose instant roadside consequences, including license suspension and vehicle impoundment. This comprehensive guide is your key to understanding your rights, the step-by-step process for license reinstatement, and what to expect during the crucial 30-day suspension period. Whether dealing with an immediate roadside suspension or planning your license reinstatement, this knowledge is essential for maintaining mobility and protecting your driving privileges. Immediate Roadside Powers The Highway Traffic Act Section 172(1) grants police officers significant authority: - Immediate license suspension - Vehicle impoundment without a court order - No requirement for judicial review - Instant roadside enfor...

There may be new penalties for stunt driving coming to Ontario in 2021.  On April 26, 2021, the MOMS Act was introduced in Parliament.  This Act is described below (from the Ontario.ca website): You can read the exact language of the proposed MOMS Act here "Ontario is taking strong action to protect young drivers and vulnerable road users by introducing new legislation to combat street racing/stunt driving, and aggressive and unsafe driving on our roads. The Moving Ontarians More Safely Act, 2021, also known as the MOMS Act.  The Moving Ontarians More Safely Act, 2021, (MOMS Act) proposes legislative and regulatory changes that would, if passed: Fight Street Racing/Stunt Driving, and Aggressive and Unsafe Driving - Increase the roadside driver’s licence suspension and vehicle impoundment periods for drivers caught street racing/stunt driving from 7-days each to a 30-day driver’s licence suspension and a 14-day vehicle impoundment. - Introduce escalating post-conviction...

COVID has been with us now for well over a year.  Police are still issuing Stunt Driving tickets in Ontario, but there have been many changes in the way in which your court date, and your charges are being affected by COVID, social distancing and the court administration.  Let's investigate the significant changes over the past 14 months. CHANGE 1 - Phone or Zoom court appearances This started back as early as October 2020.  The Ontario Provincial Court system shut down operations due to the beginning of the COVID pandemic and started to re-open for hearings in September/October 2020.  However, this was very slow and the systems such as phone appearances and Zoom were not yet fully functional. Slowly but surely, all courts, after 2020 have been evolving to manage hearings, with most courts moving to Zoom in the past few months.  In order to accommodate this, every person that has a Stunt Driving charge got a notice in the mail with phone or Zoom instructions for their appeara...

When clients get Stunt Driving tickets or charges in Ontario, they often often confuse it with a standard speeding ticket.  They do not understand why the car was impounded and why they have a temporary license suspension.  Clients often say "I wasn't stunt driving.  I was just speeding". Everything 39 km/h and below are a Part 1 Offence in Ontario Regular speeding tickets are classified as a "Part 1" offence in Ontario.  This means, the penalties are fixed.  They are a certain amount of demerit point, and a cost-calculation total based on the kilometres over the limit.  These Part 1 offences cannot include additional penalties prescribed by the court.  The best way to recognize these tickets is that you can "check" off your options on the back of the ticket, to pay, plead guilty, request a resolution or a trial.  You then simply file the ticket with the court and take it from there. Once you cross the 50km/h threshold, everything changes Once ...

Wait!  What just happened at the roadside with my license and my car? With Stunt Driving charges, the police actually have a legal obligation to immediately impound your car for 14 days. They can even arrest you if the deem it necessary. Also, the law dictates that you get an immediate 30-day driving suspension. These steps are actually very unusual under the law because, generally, with any charge, due process needs to be followed. Which that the government - with any charge - need to prove their case against you. And only if the case is proven or you agree to a plea agreement - and only then - are penalties imposed. However, with Stunt Driving, you get these immediate penalties such as this 30-day license suspension, a 14-day car impoundment, without any legal due process.  How can I get a suspension and impound if I haven't been proven guilty? In other words, the facts of your case have not even been proven in a court but you still get these immediate penalties which is re...

Nextlaw: Understanding the Difference Between Fighting and Winning Your Stunt Driving Case When facing stunt driving charges under Section 172(1) of the Highway Traffic Act, many Ontario drivers make a critical mistake: they assume that fighting their charge automatically means winning their case. Legal representative Jon Cohen from Nextlaw, Ontario's premier stunt driving lawyer, has identified this dangerous misconception through analyzing thousands of stunt driving cases. Understanding the crucial difference between fighting a charge and achieving a winning outcome could protect your license, prevent devastating insurance increases, and potentially save you from jail time. This comprehensive analysis by Jon Cohen at Nextlaw reveals why strategic defence often produces better results than simply fighting every aspect of a stunt driving charge. What "Fighting" a Stunt Driving Charge Actually Means Many clients contact Nextlaw stating they want to "fight" ...