Top Tips for Finding the Right Legal Representation for Your Stunt Driving Charge in Ontario

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.  Your court date is approaching, and now it’s time to get some legal advice.

Be careful out there – it’s a jungle of misinformation and empty promises

When you do a Google search for Stunt Driving legal representation, all sorts of results come up.  Some sound amazing such as “We win or it’s free” or anyone claiming to be a “lawyer”.

Here are some tips for finding the best Stunt Driving Law Firm to get you the best outcome from your Stunt Driving case.

Tip #1 – We Win or it’s Free – AVOID THIS

First off, this type of claim is not ethical and is prohibited by the law society.  There are specific rules and regulations here.  First off, what is a “win” in a stunt charge?  Does it mean your charges are dropped?  Does it mean you avoid suspension?  Does it mean that you don’t go to jail?  Does it mean that your charge is reduces?  The term “win” is incredibly suggestive and misleading, which is why the law society has specific rules around these types of claims.

It is not reasonable for a legal professional to “promise” any type of result, because it is not the legal professional that makes that decision.  These decisions are made by a Prosecutor and by a Justice of the Peace.  

The job of the legal representative is to navigate the legal process on your behalf, and best negotiate your case with a prosecutor, or examine your evidence in order to defend your charges.  Bottom line – do not be fooled by these claims.  They sound great on Google, but mean nothing in the real world.

Tip #2 – Anyone claiming to be a lawyer – USE CAUTION

There is nothing wrong with this claim – as long as you actually are a lawyer or a law firm.  Most traffic defence firms are paralegals or former police officers.  This may be great.  However, if you are looking for an actual law firm, then do your research because stunt driving penalties are incredibly severe:

• Jail time – up to 6 months
• License suspension of 1-3 years minimum
• Fines of $2,000 – $10,000
• 6 Demerit points
• Potential insurance cancellation

Many people prefer to use a law firm, rather than a paralegal firm (or not – it’s a personal decision).  If you do prefer to use a law firm, make sure you research the “about us” section on the website, to make sure you have an idea about the legal professionals that are assisting with your case.

Choose a Law Firm that has experience with Stunt Driving charges.

• Stunt Driving is a serious charge with severe consequences.  
• A Stunt Driving charge is technical in nature, and opportunities to get the best outcome often lie in the fine details of your case.  
• It’s been my experience that Law Firms who are not experienced with Stunt Driving cases may miss those small details that can make the difference in winning or losing your case.

Tip #3 – Choose a law firm with an Existing Relationship with the Prosecutor

Your Stunt Driving case will be handled in the courts by a Prosecutor whose job is to convict you.

• That Prosecutor is different in every court. And every Prosecutor has different nuanced ways of handling cases. 
• For example, your fact situation may be handled differently in Court A vs Court B.
• When you get a Law Firm with a relationship with the Prosecutor, that Law Firm will know how the Prosecutor will likely move ahead with your case.
• By understanding your specific case and how the Prosecutor operates, the Law Firm will be better prepared to formulate a strategy to get the best outcome for your case.

Tip #4 – Low Fees Are Red Flags

If a legal representative is offering you a much lower fee than other Law Firm’ fees, you should be concerned.

• Generally, there is a “market price” for Law Firms that deal with Stunt Driving charges. And, that market price will likely vary depending on several factors about your case.
• However, if you find a Stunt Driving Law Firm who will take a lot less of your money than other Law Firms, that is a huge red flag.
• Although you may save a bit of money, I would worry whether the Law Firm can get you the best result for your case. And the answer to that question is most likely no.

Tip #5 – Get a free consultation – IMPORTANT

All good Stunt Driving Law Firms will give you a free consultation. And after you have your meeting, ask yourself:

• Does the Law Firm make sense?

• • Does the Law Firm promise something that seems too good to be true?
• Did the Law Firm listen to your concerns?

Ultimately, use your gut feeling and make sure there’s a right fit between your needs and how the Law Firm will represent you.

Tip #6 – Google Reviews

Google reviews matter. Every Law Firm I know tries to get Google reviews from their clients. So before you retain, check online:

• Does the Law Firm have Google reviews? If they are experienced, then they will have Google reviews. If they don’t have a lot of reviews, then that is potentially a red flag.
• Read those Google reviews. Do they make sense? This is important because some unethical Law Firms will buy “fake reviews.” And, reading those reviews may give you a sense of whether those reviews are real or not.

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.