Getting charged with Stunt Driving in Ontario is a bit shocking. Aside from getting a 14-day impound and 30-day license suspension, you now have to appear in court a future date to defend yourself against a 1-3 year license suspension, 2-10 thousand in fines, possible jail and more. Often our law firm has to address the concern from a client who says “it’s my first time getting charged”…Let’s investigate.
What are the reasons Stunt Driving charges get dropped?
- Major Mistakes in Evidence or Disclosure: If there are significant flaws in the police officer’s evidence or the prosecution’s disclosure of information, it can weaken the case.
- Procedural Issues: Problems with how the case was handled, such as errors in the summons or delays in the proceedings, can lead to the charges being dropped.
- Unreasonable Delay: If the prosecution unreasonably delays the case, the defendant may be able to argue that their right to a fair trial has been violated, potentially leading to the charges being dropped.
- Negotiation with the Crown: An experienced legal representative may be able to negotiate with the Crown to have the charges dropped or reduced to a lesser offense.
Everything you have heard about Stunt penalties – is for a first time offender
Often, people read about potential jail and a mandatory 1-3 year license suspension and then think – “but it’s my first time”….Well, believe it or not, everything you have read about Stunt Driving penalties is actually for a first time offender. In fact, it gets even worse if it is your second or third time.
First time offence carries:
- 1-3 year license suspension
- Fines of $2000 – $10,000
- Up to 6 months in jail
- 6 demerit points
- and more
This means that the law has already taken into account that you have a clean record, or have never been charged before. The law actually knows that this is your first time, and these are the penalties. So the argument that “this is your first time” will not get a Stunt charge withdrawn. It’s the opposite. If this is your second time, the penalties increase to a 3-10 year suspension, jail and more. And a third offence carries a lifetime driving suspension.
Why is this law so harsh for a first-time offender?
The law-makers actually don’t believe the first time penalties are too harsh. Even though the person charged may face jail and a 1 year suspension, the province feels that individuals charged with Stunt are not just speeders. Rather, they become a legitimate threat to public safety once they cross those speed thresholds of 40 km or more in a zone under 80 km or 50 km or more in a zone of 80 km or more. The law sees you as an individual driving a 4000 pound weapon, and have adjusted the penalties to reflect this. So even though you may see yourself as a first time offender, the law is written in such a way, that they believe they are going easy on you because you are a first time offender.
So what can I do about my Stunt charge?
Getting charged with Stunt Driving means you need to get legal advice. This way, you can get a law firm that specializes in Stunt charges to evaluate your circumstances, and based on experience, make a determination of what range your penalties will look like, and develop a strategy to help fight the suspension, fines and possible jail.
