This article directly addresses the new stunt driving laws in Ontario – The MOMS Act (Moving Ontarians More Safely) act will focus more on what you can do BEFORE you get to court, rather than the court process itself.
You can read more on the series here:
- Lesson #1 – Passing Cars
- Lesson #2 – Emergencies
- Lesson #3 – The Radar Device
- Lesson #4 – The Police Officer
- Lesson #5 – Following Traffic
- Lesson #6 – Speed Limit Changes
- Lesson #7 – 30-Day Suspension
My firm, NextLaw.ca, defends over 500 clients each year with Stunt Driving charges in Ontario, which means we do more than double that in phone calls. So I have compiled the most common instances of confusion clients experience when they are charged at the roadside with Stunt Driving
First, understand how the law “sees” your Stunt Driving charge
What I am about to say next is not my personal viewpoint. Rather it is coming from the way in which the Province of Ontario, the Prosecutor, the actual “law” views your Stunt Driving charge. Put simply, the Province only needs to prove that you were above the speed limit of 40km/h (on a road less than 80km/h limit) or a speed limit of 50km/h (on a road 80km/h or more posted speed limit). It’s that simple. Period.
The most common question about Stunt – “I have a 30-day suspension on my driving record. What can I do now?”
The short answer is – nothing. You will now see an administrative suspension for 30 days on your driver’s abstract for stunt / racing. It will read something similar to this:
yr/mth/day – SUSPENDED UNTIL X:XXPM ON XX DATE, RACING CONTEST OR STUNT – ADMINISTRATIVE SUSPENSIONS – SUSPENSION NO XXXXX.
How does this 30-day suspension on my record affect my insurance?
The good news is that this should not affect your insurance. This is your “administrative” suspension that you received from the officer when you were charged at the roadside. It is NOT a conviction. Repeat. This is NOT a conviction. And because it is not a Stunt Driving conviction, it is generally ignored by your insurance company. Your insurance generally looks for recorded convictions of offences before increasing your insurance.
Can I get rid of this 30-day suspension on my record?
No. You cannot get rid of this recorded entry on your driving record. However, based on my last statement – there should be no insurance penalty based on the administrative suspension, so there is no real penalty for it being there. Every instance of your driving history is recorded on your abstract – from the day you were licensed. So everything remains on your record, with the exception of demerit points. These are removed from your record every 2 years by the Ministry.
So what are my next steps after my 30-day suspension?
Just because you have been charged with Stunt Driving, it does not mean that you will be convicted of Stunt Driving. The charge is just the beginning of the legal process. Yes, it is a devastating start, because now you have a 14-day car impound and a 30-day license suspension at the roadside before you even get to your court date.
Now it’s time to get some legal advice and proceed carefully. While Stunt Driving may seem like a “traffic” charge that many people may not take seriously, think more about how you would function if your license was suspended and you could not drive for a minimum of 1-year? You run the real risk of:
- losing your job
- not being able to get to job interviews
- not able to take care of your family
- Not being able to use a car for emergencies
- 1000 other reasons
That’s how serious this charge can be if not dealt with properly…
This article is an attempt to get you to reach out and get free legal advice. A proper law firm (that specializes in Stunt Driving) may have a strategy and legal course of action that could prevent this license suspension. And best of all, this call is free.
You can scroll down below and book a free meeting with Dan Joffe or myself, Jon Cohen. There is no obligation, but the call could change everything.
What is the Moving Ontarians More Safely (MOMS) act and what does it focus on?
The MOMS act is a new stunt driving law in Ontario that focuses more on preventative measures before court, rather than the court process itself.
What is the legal definition of Stunt Driving according to the Province of Ontario?
The Province of Ontario only needs to prove that the defendant was driving above the speed limit of 40 km/h on roads with less than 80 km/h speed limit or a speed limit of 50 km/h on roads with 80 km/h or more posted speed limit.