You were just charged with Stunt Driving or Racing in Ontario, so let’s start with the basics of the Stunt Driving laws in Ontario. It’s important to understand this before you even think about getting to your court date and trying to speak with a prosecutor.
The law is very simple (for the Province to convict you)
All the Province needs to prove is the radar or laser, and the calibration of the device, and the credibility of the officer. Of course, this assumes your Stunt Driving charge was based on a speed and not another factor. For the sake of this video – let’s assume you were caught at a speed above 40km / hour in a posted zone less than 80km/ hour, or you were caught at a speed of 50km / hour or above in a posted zone of 80km / hour or above.
It will all become clear when the office submits the evidence to the court
The evidence will contain all the details about the roadside charge. This includes the interaction, time, details, radar, laser, calibration, etc.
So there is no need to try to debate the evidence before the officer submits it to the court. This is where details become important – not before.
Now that the Province has the evidence, here is what NOT to do…
Remember, all the province needs to prove is the speed. With that in mind, don’t try arguing this:
- It was emergency – i had to get to the hospital
- I had to use the washroom
- I changed medications
- I was upset about a personal issue
- The car is new and i didn’t realize the speed
- The car is old and the speedometer isn’t working
- The speed limit changed
- I wasn’t feeling well
- It was late and I was tired
- I had to pass another car
- I thought I was in danger from a car following me
- The officer was not nice to me at the scene
- Any other excuse not listed above
Of course there are exceptions. This video does not cover all circumstances. However, the only question you need to ask yourself with the above excuses is :
Do any of these excuses change the speed and/or the radar? Do they change the credibility of the officer?
The answer is most likely “no”
Once you get to court, you are no longer dealing with the officer. You are dealing with a Provincial prosecutor that only needs to prove the radar / laser. That’s it.
Get legal advice. Your license is on the line for 1-3 year of suspension
Get a free call with a law firm that specializes in Stunt Driving in Ontario. Understand a proper strategy and how to deal with the penalties of this serious charge.
What is the law for Stunt Driving in Ontario?
The Province of Ontario needs to prove that you were driving at a speed above 40km/hr in a posted zone less than 80km/hr or at a speed of 50km/hr or above in a posted zone of 80km/hr or above. The evidence submitted to the court will contain the details of the roadside charge, including the interaction, time, speed, and credibility of the officer.
What should I avoid when dealing with a Stunt Driving charge in Ontario?
When facing a Stunt Driving charge, it is important to avoid excuses such as being in a hurry, having a personal issue, or being tired, as they do not change the speed or credibility of the officer. The only thing the Provincial prosecutor needs to prove is the radar or laser. It is recommended to seek legal advice and a proper strategy to deal with the penalties of this serious charge.
