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Stunt Driving - How do I remove the charges from my record

Can I ever remove Stunt Driving charges from my record or abstract?

After your charge for Stunt Driving in Ontario, you noticed that there is an “administrative suspension” on your driving record. This reflects the 30-day suspension you received at the roadside when you were charged by the Officer. You want to remove this from your record. Is this possible? Let’s investigate.

How does that “30-day” suspension affect my driving record and insurance?

Although it looks bad, the 30-day administrative suspension should not affect your insurance. You cannot remove it from your record, because your driving record keeps a history of all charges. However, the roadside suspension is called an “administrative suspension” due to stunt/racing, but has no value to an insurance company until it is attached to an actual conviction of Stunt Driving. The easiest way to understand this is the following – although the suspension is on your record, it would still be there if the charges were withdrawn at a later date in court. So even though there would be no future Stunt charge, you would still have the administrative suspension on your record. Therefore, it has no value, because there is no actual conviction that will follow. So don’t worry so much about it. It should not affect anything to your Insurance company.

Are you sure the administrative suspension it does not have any impact?

The 30-day administrative suspension on your driving record should not have an impact on your insurance. However, this cannot be said for private companies or any job that involves driving. If an individual employer pulls your driving abstract, they will see the 30-day Stunt suspension. You will have to explain what this means. Even if a law firm such as ours is able to get the Stunt charge withdrawn at the end of your case, the original suspension will still remain. There is nothing we can do about this. This record cannot be altered. But again, it is not an insurance company issue. It is strictly a private matter between you and an employer (if this even is an issue at all).

Does this record ever leave my Driving abstract?

Driving abstracts do not change. They always remain.

You cannot alter your driving record. It is a diary of everything that happens within Ontario that is related to convictions. Only time can help repair your driving record. As years pass, anything on your abstract becomes less relevant to an employer or an insurance company. Even demerit points disappear after 2 years from the date you were charged.

What is the impact of a 30-day administrative suspension on my driving record and insurance?

The 30-day administrative suspension from a Stunt Driving charge should not affect your insurance as long as there is no actual conviction of Stunt Driving attached to it. However, private companies and jobs that require driving may still see the suspension on your driving abstract and you may need to explain the situation. The suspension remains on your driving record and cannot be altered, but it becomes less relevant over time.

What happens to a driving abstract over time?

A driving abstract is a permanent record of all convictions related to driving in Ontario. It cannot be altered and serves as a diary of all events. However, over time, its relevance decreases as convictions become older and demerit points disappear after 2 years from the date of the charge.

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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.