Getting charged with stunt driving or racing in Ontario can be a harrowing experience. However, there’s a possibility that these charges could be dropped or withdrawn if due legal process isn’t properly followed. In this guide, we’ll delve into the various circumstances that could lead to stunt driving charges being dropped.
Challenges of Having Stunt Driving Charges Dropped
Court proceedings for stunt driving or racing charges in Ontario involve meticulous steps. There are a few specific situations where a stunt driving charge might be dismissed, including:
- A significant error in the charge evidence or ‘disclosure’
- A successful 11b Charter argument citing unreasonable delay in trial
- The prosecutor’s discretion based on the “interests of justice” or “public interest”
The Role of Errors in Evidence or ‘Disclosure’ in your Stunt Driving case
Minor errors such as misspelled names, incorrect license numbers, wrong license plate numbers, incorrect offence dates, times, locations, unsigned traffic tickets, erroneous fine amounts, or improperly represented offence charges can occur in your evidence. However, these minor errors can typically be corrected and may not lead to a withdrawal of the charges.
Conversely, a substantial flaw in your evidence could result in the charges being dropped. Spotting these major errors requires experienced legal counsel. Attempting to identify these errors without a seasoned law firm could lead to unnecessary trial risks and potential convictions. A conviction on a stunt driving charge in Ontario might result in a minimum 1-year license suspension, a \$2,000 fine, and more. Hence, getting legal advice is highly recommended to handle your case correctly. Remember, the final decision to proceed with the charges rests solely with the Prosecutor.
The 11b Charter Argument: Trial in a Reasonable Time for your Stunt charges
An 11b Charter argument is not as straightforward as it might seem. The delay in court proceedings must be attributed to the Province, not you. Prolonging the court proceedings and then invoking an 11b Charter argument does not usually work.
COVID-19 has further complicated this process by freezing time in the courts under “Emergency Act” measures. The typical 18-month delay timeframe has been suspended, leading to uncertainty around these 11b arguments.
Starting an 11b Charter application is a timely and costly process requiring comprehensive court interaction history and various pieces of evidence. Legal assistance is highly recommended for this process.
In the “Interests of Justice” or “Public Interest”
The decision to dismiss the charges based on the “interests of justice” or “public interest” lies solely with the Prosecutor. The right legal representative can potentially influence this decision. However, this decision usually doesn’t revolve around your personal circumstances or feelings about the charge.
Instead, it largely relies on the correctness of the radar or laser device. Consequently, you would need to identify a significant error as discussed above, or provide compelling evidence to convince the Prosecutor to withdraw the charge. Again, a legal professional’s expertise would be invaluable in identifying such potential loopholes.
In summary, navigating the process of getting stunt driving charges dropped in Ontario requires a deep understanding of the law and professional legal help for the best possible outcome.
What are the ways a Stunt Driving or Racing charge can be dropped in Ontario?
A Stunt Driving or Racing charge can be dropped if there is a major flaw in the evidence or disclosure submitted by the officer, if there is a delay in the trial that goes against the 'reasonable time' frame according to the 11b Charter argument, or if the prosecutor determines that the charges are not in the interests of justice or in the public interest.
What is the 11b Charter argument in relation to Stunt Driving or Racing charges in Ontario?
The 11b Charter argument is a legal argument that the delay in the trial of a Stunt Driving or Racing charge has exceeded the 'reasonable time' frame, which is determined by the Province and not the accused. However, during COVID, the normal 18-month delay time frame has not been applicable. To make this argument, an 11b Charter application must be started, which can be time-consuming and costly and may require legal help.
