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stunt driving in ontario 2022 - fighting your charges - 3 things you need to know

Fight a Stunt Driving charge – 3 Things you need to know

Everyone wants to fight their Stunt Driving charges.  This make sense, because a conviction brings major penalties such as a mandatory 1-3 year license suspension, huge fines, and much more.  But before you “fight” the charge, you have to understand the proper way to fight, and what that even means. Below are some real-time tips to help you fight your charges in the Ontario courts.

Get legal advice

Getting legal advice does not mean you have to hire anyone.  But getting advice from someone that deals with Stunt Driving charges on a regular basis, can help you formulate a strategy, or at a minimum, help you understand the charges, the implications, the risk, the court process.  You cannot fight a Stunt Driving charge without understanding it first.  Legal advice is a great starting point in keeping your licence.

Your version of what happened when you were charged can have the opposite effect in court

Defendants that go into court on their own often try defending their charge by telling the prosecutor one of the following reasons for the charge:

  • It was an emergency
  • I was sick
  • There was something wrong with my car
  • I was passing another car
  • I felt threatened by another car
  • My medication changed
  • and more

Even though these may seem like legitimate reasons to you, they are not defences from the actual law.  The Stunt driving laws in Ontario really just need to prove the accuracy of the radar or laser.  Once this is established, the reasons do not disprove the radar.  This is why you should reference the first tip “get legal advice” so you can come up with a strategy.

The prosecutor is not your friend.  Their job is to convict you based on the evidence

The Prosecutor may be “friendly”, and they are certainly not your enemy.  But always remember that their sole job is to proceed on the evidence and to convict you based on that evidence.  So always tread carefully and have a strategy in mind before you deal with the prosecutor.  And always remember that a 1-3 year license suspension is on the line with the Stunt Driving charge.

What should I do if I've been charged with Stunt Driving in Ontario?

If you've been charged with Stunt Driving in Ontario, it's important to get legal advice to understand the charges, the implications, and the risks involved. An experienced legal professional can help you formulate a strategy to keep your license.

Can I defend myself in court for my Stunt Driving charges in Ontario?

It is not recommended to defend yourself in court for Stunt Driving charges in Ontario. Telling the prosecutor your version of what happened when you were charged can have the opposite effect in court and might not be considered a valid defence. The Stunt Driving laws in Ontario primarily focus on proving the accuracy of the radar or laser. It's best to seek legal advice to come up with a strategy that will help protect your license and keep you from facing a 1-3 year license suspension.

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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.