The Moving Ontarians More Safely (MOMS) Act has introduced significant changes to Stunt Driving enforcement in Ontario, particularly regarding immediate roadside consequences. Understanding these changes and your rights during a Stunt Driving charge is not just crucial, but can be the difference between a smooth process and a challenging one. From the moment of the traffic stop through the impoundment period and beyond, knowing how to navigate this process can significantly impact your experience and outcomes.
Understanding the MOMS Act Changes
Speed Thresholds That Trigger Charges
- 50 km/h over on roads posted 80 km/h or higher
- 40 km/h over on roads posted under 80 km/h
- Immediate roadside vehicle seizure
- Mandatory 14-day impoundment period
Recent Client Experience
This week, we assisted a client charged on Highway 427 who faced typical roadside confusion. “The officer took my license and called a tow truck immediately. I wasn’t prepared for how quickly everything happened,” they explained. “I had no idea what to do with my belongings or how to get home.”
This common scenario highlights the importance of understanding your immediate options when facing a Stunt Driving charge. The client needed immediate guidance on the following:
- Securing transportation from the scene
- Handling work materials in the vehicle
- Understanding the next steps for vehicle retrieval
- Documenting the interaction properly
Roadside Officer Interactions
What You Need to Know
- Officers aren’t required to show radar readings
- Speed verification comes later in the disclosure
- Focus on collecting proper documentation
- Note all details about the impound location
Understanding Speed Allegations
Key Considerations
- Wait for the official disclosure package
- Documentation includes radar calibration
- Officer notes provide crucial details
- Technical evidence becomes available
Dealing with Limited Information During the Traffic Stop
- Remain calm and cooperative
- Collect all provided documentation
- Note officer badge numbers
- Record tow truck information
- Document personal belongings in the vehicle
Vehicle Retrieval Process
Required Steps
- Contact the impound lot before the release date
- Prepare necessary documentation
- Understand all associated fees
- Schedule pickup appointment
- Arrange payment method
Post-Impound Considerations
Legal Process
- Mandatory court appearance
- Potential license suspension (1-3 years)
- Fines ranging from $2,000 to $10,000
- Insurance rate implications
- Employment impact considerations
Remember that while the immediate focus is often on vehicle retrieval, the long-term consequences require careful attention and typically benefit from professional legal guidance to protect your driving privileges and minimize potential penalties.
What are the tow costs resulting from my Stunt Driving charge?
This is generally a flat towing rate of set out by the municipality, with the possibility of an additional fee should the vehicle need to be winched into position before towing. There are also extra kilometer charges, storage fees, and miscellaneous fees set out by the impound lot.
What if the car towed for Stunt Driving is not mine?
The law does not make any exceptions for the owner of the vehicle in relation to the charge of Stunt Driving. The law does not distinguish the driver from the car. They are treated as one. And, the theory behind a Stunt Driving charge is that the driver that was charged needs a “cool down” period due to their high speed and the fact they are considered a threat to public safety.
