The ultimate outcome from a Stunt Driving charge is to not have a Stunt Driving charge. This can happen by fighting your Stunt Driving charge in the Ontario courts, either by discussing your case with the prosecutor, or by fighting the charge at a trial. Either way, you will only get one chance to make your case, which will determine you losing your license for 1 year (or more) or being able to continue to drive.
Before you do either (prosecutor or trial) – you need to understand your evidence
The evidence in your case (called disclosure) is a combination of the roadside notes, officer information, your driving record and more. This is the ultimate piece of information that the prosecutor will use to determine if your case should proceed or if there is a major error, causing the case the get withdrawn.
The details in the evidence are key
- The time of day of the incident
- The radar reading (if Stunt charge is speed related)
- The officer interaction with you
- The location, car, and other details
Understanding this document is very important. Even if there is not a major error (to get the charge withdrawn), perhaps there is a relative minor error that can help the discussion with the prosecutor. Knowing how to capitalize on the evidence and use it in your case is critical.
Emotional and personal feelings about the charge are not relevent
Remember, this is a prosecutor acting on behalf of the province in a court of law. Discussing details outside of the actual evidence may not be relevant, and may actually work against you in your case. Understanding the negotiation process with the prosecutor is key here, because they have A LOT of power. They determine the penalties in your case, or have to agree to lower or amend your charge.
One chance is really all you will get to fight your stunt Driving charge in Ontario court
Courts are very busy. Prosecutors have a massive caseload. Your case is just one in a hundred they are dealing with at the same time.
If your discussion does not go well, you will most likely not get another chance to talk about your case. Provincial Prosecutors in Ontario generally give you one opportunity to discuss the details of the case. If you do not handle this discussion well, or things get heated, or you do not make a convincing case, this could be the difference between driving or not driving for a year or more.
A trial is even riskier.
At least the discussions with the Prosecutor are private and take place outside of the courtroom. At a trial, you have to dispute the evidence and try to prove your innocence, even though the radar says otherwise. I don’t need to tell you how much skill this takes to master in a courtroom. If you choose the option of a trial, and it does not go your way, you will lose and be convicted of Stunt with a minimum of one year license suspension, $2,000 – $10,000 in fines, 6 demerits, possible jail and more.
Now what? I am nervous about the next steps with my Stunt Driving charges
Getting your car out of the impound, and the high fees are just the start of the legal process. Those were only immediate roadside penalties for Stunt Driving. Now you face even worse penalties in court, including a further 1-3 year license suspension. Get legal advice – it’s free – but can help develop a strategy to remove the harsh penalties of a Stunt Driving charge.
What is the ultimate outcome of a Stunt Driving charge in Ontario?
The ultimate outcome is to not have a Stunt Driving charge, either by negotiating with the prosecutor or fighting the charge in a trial. However, one chance is all you will get to make your case, which will determine if you lose your license for 1 year or more, or if you can continue to drive.
What is the importance of understanding the evidence in a Stunt Driving case in Ontario?
Understanding the evidence, which includes the roadside notes, officer information, driving record, and more, is critical as it is the ultimate piece of information used by the prosecutor to determine if the case should proceed or if there is a major error. Understanding the details of the evidence, such as the time of day, radar reading, location, etc., can help in negotiations with the prosecutor or in a trial. Emotional feelings are not relevant in the case and may work against you.
