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stunt driving - the officer didnt show the radar

Why didn’t the officer show me the radar for my Stunt Driving charge?

Often, individuals charged with Stunt Driving in Ontario are left confused at the roadside, because the officer did not show them the radar. The officer gave them a summons for Stunt, towed their car, and issued a 30-day license suspension, but never showed them the speed that caused the charge in the first place.  This is very confusing.  Let’s investigate.

I didn’t see the radar.  I don’t believe I was going that fast.

In order to clean up our roads from public safety threats, the lawmakers gave police in Ontario the power to issue a Stunt Driving charge immediately at the roadside.  This means that they get to unilaterally decide to possibly arrest you, issue a summons, two your car and give a 30-day license suspension.  And there is nothing you can do about it (at this point).  Whether or not you believe the charge is accurate is not particularly relevant at this point.  You will get these roadside penalties, and you can defend the charges at a later date, in court.

This next part is important…the officer does NOT have to show you the radar at the roadside.  They are not obliged to do so.  This is not a mistake or an error.  It is within their rights, and not within your right to see the radar.  The assumption is that the radar is correct, or the officer’s are trained and have the experience to properly lay this charge.

My Stunt Driving ticket / summons does not even show my speed.  Is this correct?

Some officer’s will show you the radar.  Some may not.  Some officer’s will issue a charge for Stunt Driving, but not indicate the actual speed.  And some officers will also issue a ticket showing the speed.  This is entirely within the officer’s discretion. Confusing, right?

Does this record ever leave my Driving abstract?

Is this a mistake?  How will I know the speed?

The law allows the officer to issue the charge without showing you the speed at the roadside.  but that same law compels the officer to submit all the data to the court in the form of evidence within a prescribed time period.  This is called disclosure, and recounts all the details from the initial Stunt charge you received at the roadside.  This evidence includes:

  • the radar speed
  • details about your interaction
  • the radar calibration
  • details about the environment surrounding the charge such as time of day
  • your drivers abstract
  • and more

It is in this evidence that all of the details will become clear.  All of your confusion and questions from the roadside will be answered here.

So what do I do?

A Stunt charge is a lot to absorb.  You will not find mistakes right away from the roadside.  It’s too early.  You will have to face the 14-day impound and the 30-day license suspension.  After this, you will have to wait until your court appearance or later to get the evidence.  

The wisest course of action is to get a free consultation with a firm that specializes in Stunt Driving after your initial charge, so you can better understand how to deal with this charge, get a strategy, and keep driving!

What happens if the officer did not show me the radar during a Stunt Driving charge in Ontario?

The officer is not obliged to show the radar at the roadside and this is within their rights. However, all the details, including the radar speed, will be included in the evidence submitted to the court within a prescribed time period.

Can I know the speed during a Stunt Driving charge if it's not shown on my ticket or summons?

All the details, including the speed, will be included in the evidence submitted to the court. It's best to wait until your court appearance or after to get the evidence and consult with a firm specializing in Stunt Driving charges for a better understanding of the situation.

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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.