The most common questions potential clients as on the first phone call is “can you win my Stunt Driving case” . This is a legitimate question, but it is not a realistic question, because winning is a term that varies, depending on your speed, your driving record, the prosecutor, the court, the officer, the time of day, and all the other evidence.
Let’s first examine the use of the term winning both legally and ethically
The Law Society of Ontario (LSO) does not permit the use of the word “winning” when it comes to traffic cases. Slogans such as “We win or it’s free” are banned for purposes of marketing and client consultations. In fact, the Law Society does not allow representatives to take cases in traffic offences for free, promising an outcome before you pay. These type of slogans really only apply to Personal Injury or Insurance cases, where the legal representative gets their fee based on the settlement from the other party, not necessarily from the client.
In Stunt driving cases in Ontario – if you are hearing “we win or free” on your phone call or consult, it may be time to hang up and look elsewhere. The legal representative would be acting unethically and illegally – not a great start to your defence.
Can I “win” my Stunt Driving charges in Ontario
The term “winning” is not absolute. It is subjective, and depends on the penalties you are facing.
Obviously, the ultimate win is getting your Ontario Stunt Driving charges withdrawn or dismissed. However, the law is written in such a way, that the bulk of evidence falls on the radar or laser. Once this is established to be accurate, it is very difficult to dispute the charge.
So is there such thing as winning a Stunt Driving case in Ontario?
Once the radar has been established as accurate, the term “winning” becomes very subjective. Here are examples of “winning”:
- If the prosecutor is asking for jail time, then a resolution without jail time may be considered to be a win
- If the prosecutor is asking for $10,000 in fines, then a fine of $2,000 may be considered a win
- If the prosecutor is pushing for Stunt, then a lesser charge with no mandatory 1-3 year license suspension may be considered a win
Don’t fall for the nonsense of promises of winning. Speak to a realistic Stunt Driving law firm
Whoever you hire, they better have a serious strategy in place based on the following:
- based on cases similar to yours in the same court
- The case must have been resolved in the past 1-4 months, because courts, prosecutors can change or change their minds
- Best and worst case scenarios – remember the prosecutor sets the rules of the game – not your representative. This means that a promise by your rep has no meaning until the prosecutor sets the rules of the game
Even if you are not hearing what you want to hear, be appreciative if the advice you are getting is realistic, based on experience. Talk of “winning” and “getting charges withdrawn” without having seen the evidence or talking to a prosecutor have no meaning.
Book a free call today, and let’s talk about your options and a realistic strategy.
What does the term 'winning' mean in regards to Stunt Driving cases in Ontario?
The term 'winning' is subjective and depends on the penalties you are facing. It is not an absolute term and can mean a resolution without jail time, a lower fine, or a lesser charge with no license suspension.
What should I expect during a phone call or consultation with a Stunt Driving lawyer?
You should expect a realistic and ethical approach during a phone call or consultation with a Stunt Driving lawyer. Be cautious of lawyers promising an outcome before payment and avoid any that use banned slogans such as 'we win or it's free'. Your lawyer should have a strategy in place based on similar cases in the same court, the best and worst case scenarios, and the prosecutor's stance. Talk of 'winning' without evidence or talking to the prosecutor has no meaning.
