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Ontario Stunt Driving Charges - Getting my case dismissed - what legal reps don't tell you

Stunt Driving Case Dismissed – What legal reps don’t tell you

It’s time to share one of the main legal tips that could lead to getting your case dismissed when you go to court for the first time for your Stunt Driving charge in Ontario.

Most people think a case gets withdrawn or dismissed because there is a mistake in the evidence

Of course this is true.  If there is a big mistake with your Stunt Driving or Racing ticket, it may get withdrawn.

This would happen if  your charge has a “Fatal Error”. These are errors that would impact the core of the charge itself. These mistakes cannot be fixed. And your charge would be withdrawn. Your case would be over.  However these errors are rare in Stunt Driving charges.  They happen, but they are few and far between.  Your Stunt Driving lawyer should always look for this before they speak with a prosecutor.

However, there is another way to get your Stunt Driving case withdrawn or dismissed

There is a section of the Provincial Offences Act, RSO 1990, c P33 that could help your case.  This is found in Section 23.  It will help to put this in plain english below.

  • This Summons is just the beginning of the judicial process.
  • The summons / ticket must then be legally transferred into the court system.  Think of this more as “passing the baton”.  It is called jurisdiction
  • The section of the Provincial Offences Act reads like this:
    • A provincial offences officer may lay an information without swearing an oath by,
      (a) delivering the information in the prescribed form to a justice; and
      (b) making a written statement that all matters contained in the information are true to the officer’s knowledge and belief and delivering the statement to the justice together with the information. 2019. c. 15. Sched. 33. s. 1 (2).

If this procedure is not followed properly, then the court would not have proper jurisdiction over your case, and the court would have to re-issue a new summons within 6 months which could lead to a complete withdrawal of your Stunt Driving case.

This is why (if you can) you should always at least consult a Stunt Driving law firm for your case.

Losing your license for 1-3 years is huge.  It can impair your ability to function, work, or take care of your family.  There is a lot at stake, and it’s always worth understanding your legal options.

What is a fatal error in Stunt Driving cases?

A fatal error refers to a mistake in the evidence presented by the prosecution in a Stunt Driving case that would impact the core of the charge itself, leading to the case being withdrawn. These errors are rare in Stunt Driving cases, but a good Stunt Driving lawyer should always check for them before speaking with a prosecutor.

What is the Provincial Offences Act, Section 23 and how can it help my Stunt Driving case?

Section 23 of the Provincial Offences Act is a section of the Ontario law that outlines the process for transferring a summons or ticket for Stunt Driving into the court system. If the procedure is not followed properly, the court may not have proper jurisdiction over the case, leading to a possible re-issuance of a new summons or even a complete withdrawal of the Stunt Driving case. Consulting with a Stunt Driving law firm can help you understand if this applies to your case.

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About Jon Cohen, Partner

Jonathan practices exclusively in defending Stunt Driving charges in Ontario.  He is the co-founding partner of Nextlaw and is licensed by the Law Society of Ontario.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.