This article directly addresses the 30-day license suspension relating to the new stunt driving laws in Ontario – The MOMS Act (Moving Ontarians More Safely) act, and will focus more on the events before the court process itself.
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 this series of “reasons” that people give for their Stunt Driving charges, in hopes of mounting a defence.
Is there any way to get my license out of suspension before the 30 days?The short answer is no. The law is very clear that anyone caught stunt driving in Ontario – which means that any car over 40km/h in a posted zone under 80km/h or any car over 50km/h in a posted 80km/h zone or higher, will get an automatic 30-day license suspension at the roadside. Even if you were to fight this charge in court at a later date, and get the charges withdrawn, there would be no retroactive help with your 30-day suspension.The 30-day stunt driving roadside suspension is a pre-court, pre-legal process type of suspension. This means that the power lies within the Officer that pulls you over at the roadside. They are empowered, through the use of radar, etc, to make the determination that you were stunt driving. Once they do this, you will have to surrender your license for the 30-day suspension.What happens if I drive before the 30 days is over?This would be a huge mistake, even for an emergency. Even though you were suspended for 30-days for stunt driving, if you drive within this 30-day period, you can be charged under section 53(1) – Driving while suspended. This charge carries a minimum $1,000 fine, a further 6-month license suspension, and up to 6 months in jail. In fact, it would also frustrate your ability to defend your original Stunt driving charge, or vice-versa. Bottom line – don’t do it.How can I get my license after the 30 days? Is there a cost?This is what we suggest to all of our clients.- Call Service Ontario about 3-5 days before your 30-day suspension is over
- Have all of your documentation with you from the original offence
- Book an appointment to visit your nearest Service Ontario
- Service Ontario will give you a temporary license after your 30 days, and you will get a hard copy license in the mail
- There should be no charge for this license reinstatement as Stunt Driving is an administrative suspension – which can be thought of as “on-hold” suspension
Can I check the status of my license suspension?
The 30-day stunt driving roadside suspension is a pre-court, pre-legal process type of suspension. This means that the power lies within the Officer that pulls you over at the roadside. They are empowered, through the use of radar, etc, to make the determination that you were stunt driving. Once they do this, you will have to surrender your license for the 30-day suspension.What happens if I drive before the 30 days is over?This would be a huge mistake, even for an emergency. Even though you were suspended for 30-days for stunt driving, if you drive within this 30-day period, you can be charged under section 53(1) – Driving while suspended. This charge carries a minimum $1,000 fine, a further 6-month license suspension, and up to 6 months in jail. In fact, it would also frustrate your ability to defend your original Stunt driving charge, or vice-versa. Bottom line – don’t do it.How can I get my license after the 30 days? Is there a cost?This is what we suggest to all of our clients.- Call Service Ontario about 3-5 days before your 30-day suspension is over
- Have all of your documentation with you from the original offence
- Book an appointment to visit your nearest Service Ontario
- Service Ontario will give you a temporary license after your 30 days, and you will get a hard copy license in the mail
- There should be no charge for this license reinstatement as Stunt Driving is an administrative suspension – which can be thought of as “on-hold” suspension
Can I check the status of my license suspension?
This would be a huge mistake, even for an emergency. Even though you were suspended for 30-days for stunt driving, if you drive within this 30-day period, you can be charged under section 53(1) – Driving while suspended. This charge carries a minimum $1,000 fine, a further 6-month license suspension, and up to 6 months in jail. In fact, it would also frustrate your ability to defend your original Stunt driving charge, or vice-versa. Bottom line – don’t do it.How can I get my license after the 30 days? Is there a cost?This is what we suggest to all of our clients.- Call Service Ontario about 3-5 days before your 30-day suspension is over
- Have all of your documentation with you from the original offence
- Book an appointment to visit your nearest Service Ontario
- Service Ontario will give you a temporary license after your 30 days, and you will get a hard copy license in the mail
- There should be no charge for this license reinstatement as Stunt Driving is an administrative suspension – which can be thought of as “on-hold” suspension
Can I check the status of my license suspension?
This is what we suggest to all of our clients.- Call Service Ontario about 3-5 days before your 30-day suspension is over
- Have all of your documentation with you from the original offence
- Book an appointment to visit your nearest Service Ontario
- Service Ontario will give you a temporary license after your 30 days, and you will get a hard copy license in the mail
- There should be no charge for this license reinstatement as Stunt Driving is an administrative suspension – which can be thought of as “on-hold” suspension
Can I check the status of my license suspension?
The good news is that a new tool has been released by Service Ontario. You can access the service by clicking here.
This will tell you, in real-time, the status of your license. Always make sure you are out of suspension before you start driving.
So am I going to lose my license for another 1-3 years for the Stunt Driving charge?
Absolutely not! I always tell clients that 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 1st step of the legal process.
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 is not a pitch to get your business. Rather, it is a article 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 happens if I drive before the 30-day license suspension is over for stunt driving in Ontario?
If you drive before the 30-day suspension is over, you can be charged with 'Driving while suspended' and face a minimum $1,000 fine, a further 6-month license suspension, and up to 6 months in jail. It would also frustrate your ability to defend your original stunt driving charge.
How can I check the status of my license suspension for stunt driving in Ontario?
Service Ontario has released a tool that allows you to check the real-time status of your license suspension. You can access the service by clicking on the provided link. It's important to ensure that your license suspension is over before driving again.