Have you been hit with a Stunt Driving charge in Ontario and are banking on your clean driving record to save the day? Let’s unpack the relationship between Stunt Driving charges and your driving history.
How Does a Clean Record Affect My Stunt Driving Case?
A Stunt Driving rap comes with heavy penalties, even for first-timers: 1-3 year license suspension, $2,000-$10,000 fines, possible jail time, and 6 demerits. Even with a stellar record:
- Clean Record: Might cushion the blow – possibly facing the lower end of fines ($2,000) and suspensions (1 year).
- Bad Driving Record: Can backfire, pushing penalties to the higher end. The law offers a penalty range to adapt to individual histories such a 1 – 3 years suspension or $2,000 – $10,000 in fines.
Defining a Clean Driving Record in Ontario
A flawless driving record in Ontario is one without a single violation from the day you got your driver’s license. But it’s more nuanced than that:
- Experience Counts: If you’re 35 with 18 years of safe driving, that speaks volumes. But an 18-year-old with just a year of driving? Not as impactful.
- The Driving Record Formula:
- The more impeccable the record, the more it shines.
- The longer you’ve driven without a conviction, the more weight your record holds.
- The more years between any driving conviction and the current Stunt Driving case, the better.
What’s Visible in My Driving Abstract to the Prosecutor?
Your driving abstract is essentially a record of your driving journey. A prosecutor sees it all:
- Old Convictions Stand Out: Convictions from 20 years ago? They’ll spot it.
- Insurance vs. Prosecution: There’s often confusion. Insurance companies might peer 3 years back, and demerits expire in 2 years. But convictions? They are always visible and cannot be removed.
Navigating a Stunt Driving Charge: Specialized Advice
Facing a Stunt Driving allegation in Ontario? The key is professional legal guidance. Collaborate with a law firm seasoned in Stunt Driving cases. They’ll offer tailored advice, fortify your defence, and mentor you through the process to safeguard your driving privileges.
How does having a clean driving record in Ontario impact a Stunt Driving case?
A clean driving record can potentially mitigate the penalties associated with a Stunt Driving charge in Ontario. While the penalties are heavy for all, those with a pristine record might face the lower end of fines and suspensions. Specifically, they could be looking at a $2,000 fine and a 1-year suspension, as opposed to someone with a spottier history who might receive harsher penalties. However, the definition of a 'clean record' also considers the length and consistency of safe driving, not just the absence of violations.
What information from my driving history is visible to the prosecutor in a Stunt Driving case?
The prosecutor can view your entire driving abstract, which encompasses your entire driving history. This includes any and all convictions, even those from decades ago. While insurance companies typically look back only 3 years and demerit points expire in 2 years, convictions remain permanently visible on your record and cannot be removed. Hence, it's essential to understand that any past convictions will be visible and could influence the case's outcome.