As per thew new MOMS (Moving Ontarian’s More Safely) Act, you’ve just finished your 14-day roadside impoundment and your 30-day license suspension after being charged with Stunt Driving or Racing in Ontario under section 172(1) of the Highway Traffic Act. You have a court date between 2-4 months in the future. So what now? Let’s take a closer look…
What happens after the Stunt Driving roadside penalties?
The charge has just begun. The impound and suspension were the immediate roadside penalties. Now, you must prepare for court in order to defend or address your charges. You are charged with Stunt Driving under section 172(1) of the Highway Traffic Act, and includes the following penalties:
- Fines: The minimum fine is $2,000. The maximum fine is $10,000.
- Demerit Points: 6
- Jail: Up to 6 months
- Probation: Up to 2 years.
- License Suspension: not less than 1-year and not more than 3 years;
I attend court? Is it Zoom? I’m confused…
As of now, all court dates in Ontario are virtual. This means that you are either attending by Zoom, or by phone. The date on the front of your ticket / summons is called a “First Appearance”.
Your first court date is called a “First Appearance”. This is the first time you will appear before the court for your Stunt Driving or Racing charge. First appearances are usually scheduled for 4 to 12 weeks after the police charge you. This time delay allows the police to properly gather all the evidence that has to be included in your disclosure.
Will all the evidence be ready at my first appearance?
Maybe.
Occasionally, the evidence against you may not be ready by the time you arrive at your first appearance.
In this case the court will set another court date to give the court and the prosecutor more time to get the evidence.
When I get my disclosure, is that all the evidence?
Not necessarily. And this is a very important point to know.
Even when you get your disclosure, that does not mean that you have all the evidence against you. In fact, your disclosure package may be missing some key evidence.
If you suspect there is missing evidence, you can ask the court and the prosecutor, for that additional evidence.
Getting ALL your evidence is critical for you to be able to make an informed decision on how you want to proceed with your case.
Will the Police Officer that charged me be at my First Appearance in court?
No.
The Police Officer is not required to be at your First Appearance. If your case goes to trial, then yes, the Police Officer that charged you will be called upon to give the evidence that he or she has against you.
Is this First Appearance my trial date?
No. Your “First Appearance” is not a trial. It’s the first time you appear before the court for your Stunt Driving or Racing charge.
If you decide to go to trial, then your trial date will be set at some point in the future. That date may be days, weeks, or many months in the future. But your trial will NOT happen on your first appearance.
Do I have to attend my First Appearance?
If you have hired a lawyer, then no. You do not need to attend your First Appearance because your lawyer will attend on your behalf.
If you have not hired a lawyer, then yes. You will need to attend your First Appearance.
So what are my next steps before I attend my First Appearance?
The 14-day impound and 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.
What happens after my 14-day impoundment and 30-day license suspension for Stunt Driving in Ontario?
After the impoundment and suspension, you must prepare for court to address the charges against you. You are charged with Stunt Driving under section 172(1) of the Highway Traffic Act, which could result in fines ranging from $2,000 to $10,000, 6 demerit points, jail time of up to 6 months, probation of up to 2 years, and a license suspension of not less than 1 year and not more than 3 years.
What is the First Appearance and is it the same as the trial date?
The First Appearance is the first time you appear in court for your Stunt Driving charge. It is not the same as a trial date and is usually scheduled for 4 to 12 weeks after being charged. During this time, the court and prosecutor may gather additional evidence for your case. If you have not hired a lawyer, you will need to attend the First Appearance, but if you have, your lawyer can attend on your behalf. The Police Officer who charged you will not be present, but if your case goes to trial, they will be called to give evidence. Your First Appearance is not a trial and a trial date will be set at a later time.
