Understanding and Challenging Stunt Driving Charges in Ontario
Anyone facing a stunt driving charge in Ontario might wonder how to challenge it effectively. While it’s certainly possible to contest these charges, it’s crucial to understand the proper approach.
TV dramas and movies often depict courtroom battles dramatically, which can lead to misunderstandings about the real legal process. In reality, it’s a concise, specific process influenced by many factors such as court jurisdiction, prosecutor, speed involved in the offence, your age, and more. Handling this properly can help avoid license suspension, which can range from 1-3 years.
Why The ‘Why’ Could Hurt Your Stunt Driving Case
Self-representation in court can unintentionally damage your case. Many people think justifying why they were stunt driving might help. Common explanations include being in an emergency, feeling tired after work, or simply not knowing the speed limit. However, such reasons rarely work.
Why? Because a prosecutor generally only needs a verified radar reading to secure a conviction. Therefore, your reason for speeding can end up working against you, as it’s assumed everyone has some explanation for their actions. Remember, the prosecutor has likely heard it all before and doesn’t require much to establish the charge.
Know Your Legal Opponent
In any contest, it’s wise to understand your opponent. Some prosecutors are hardliners, while others might be more lenient. They could be interested in specific facts or prefer a broad discussion. Understanding these nuances can help you navigate the legal waters. While this isn’t a push for hiring a lawyer, experienced professionals know how to “speak the language” of different prosecutors in various courts, which can help in your defence.
The Right Way to “Fight” Your Stunt Driving Charge
The term “fighting” a charge can be misleading. While prosecutors aim to secure convictions, they are not your adversaries. They typically respond positively to respect, intelligence, and a strategic approach. Knowing the court’s dynamics can help you put up the best defence in your stunt driving case.
Steps to Challenge a Stunt Driving Charge in Ontario
If you’re facing a stunt driving charge in Ontario, here are some steps to contest it:
- Understand the specific laws and regulations related to stunt driving in Ontario.
- Seek advice from, or hire, an experienced stunt driving lawyer.
- Collect relevant evidence like dashcam footage or witness statements that can support your defence.
- Build a strong defence showing that your actions didn’t meet the stunt driving criteria or present valid circumstances for your behaviour.
- If your license has been reinstated, present proof to the court.
Following these steps can increase your chances of successfully contesting your stunt driving charge.
How to Successfully Dispute a Stunt Driving Charge in Ontario?
Successfully disputing a stunt driving charge involves a few crucial actions. Firstly, recover your vehicle promptly to minimize associated fees. Secondly, understand the stunt driving laws and consider consulting or hiring a lawyer. Collect relevant evidence for your defence, and finally, present a compelling defence in court challenging the officer’s observations or proving your actions didn’t meet the stunt driving criteria.
How can I fight a Stunt Driving charge in Ontario?
It is always possible to fight a Stunt Driving charge, but it is important to understand that the court process is specific and has to be handled correctly in order to avoid a license suspension. The outcome of the case is affected by various factors, including the court, the prosecutor, the speed, and your age. Hiring an experienced lawyer is a smart way to fight your charge as they understand how to speak the legal language of each specific prosecutor in each specific court at the right time.
What should I avoid while fighting a Stunt Driving charge in Ontario?
While fighting a Stunt Driving charge, it is important to avoid explaining the reason for the charge as it may hurt your case. The prosecutor only needs a verified radar reading to convict you, and explanations such as emergency situations, tiredness, new medication, hard weeks, etc. do not work in court. It is also important to avoid being aggressive towards the prosecutor as they are not your enemy, but rather a reasonable individual who can be treated with respect, intelligence, and strategy.
