You recently got your Stunt Driving charge in Ontario and the interaction with the officer is fresh on your mind. You are investigating the documents you got – the summons, impound document, notice of 30-day suspension and you are trying to find mistakes. It’s a natural reaction to try to find anything that can help or get the case dismissed. Let’s investigate.
The interaction with the officer when you were charged with Stunt Driving
There are a few factors that clients are concerned about when they are charged with Stunt. Sometimes the interaction with the officer is calm and pleasant, and other times the tension runs high. Sometimes the officer places you under arrest while issuing the summons, and sometimes you remain near your car. Sometimes the officer assists with getting you a ride to your destination after your car is towed, and other times, you are left to deal with this on your own. There is no set formula.
It is important to understand that a Stunt Driving charge falls mainly to the Radar / Laser and the calibration. This is the real basis of evidence that the court relies on. So anything that transpires with the officer, unless it is illegal, would not have much of an impact on your case, unless it CHANGES THE RADAR. So these interactions with the officer rarely have any impact on your case once you arrive in court.
The officer did not show me proof of my speed
This is NOT an error. The officer does not have to show you the radar as the road. They do, however, have to submit all of this data (the radar, the calibration, where they caught you, how they caught you, etc) to the court within a reasonable period of time to the court in the form of evidence. Once you get this evidence, you can examine it for errors. However, not receiving this information when you were charged is not an error.
The officer made an error on my impound documents or notice of suspension
The impound and 30-day suspension of your license for Stunt Driving is a “pre-court” penalty. Small errors here do not generally affect your case. Remember, unless these mistakes affect the radar / laser, they will not have a major impact on the case.
Stunt Driving in Ontario is a strict liability charge
What the heck does that mean? Strict liability? In plain words, it means that the court will generally rely on the radar / laser to obtain a determination of guilt. A Provincial prosecutor and a Justice of the Peace does not need much more than the calibrated or paced speed of your car to convict you of stunt. So the only important error can be found in the radar.
What about my dash-cam? It does not match up with the radar. Can I use this?
A personal dash-cam is generally not a recognized, calibrated, timed determination of Stunt Driving. The court recognizes the Laser / Radar used by the officer. It sets a standard of evidence by which the court can most often rely. Trying to tell a prosecutor about your dash-cam reading generally frustrates a prosecutor or officer and is not accepted as evidence.
What does strict liability mean for Stunt Driving in Ontario?
Strict liability in the context of Stunt Driving in Ontario means that a conviction is primarily based on the radar/laser readings of the car's speed, and does not require much additional evidence.
Can a personal dash-cam be used as evidence in a Stunt Driving case?
No, a personal dash-cam is not recognized as evidence in a Stunt Driving case. The court relies on the calibrated laser/radar readings of the officer as the standard of evidence. Personal dash-cams are generally not accepted as evidence in court.
