What Happens When You’re Charged with Stunt Driving?
If you’re stopped for stunt driving in Ontario, you’ll face legal action. It’s important to know that the officer who charges you must give the court all the proof they have, which is called “disclosure.” This includes any notes or documents about what happened when you were stopped. Sometimes, officers record these stops using a body cam. You might wonder if this video is necessary for your court case. Let’s explore this further.
What Evidence is Essential for a Stunt Driving Case?
Stunt driving is a serious offense in Canada, and it’s treated as a “Strict Liability charge” by the law. This means the court doesn’t need to know why you were stunt driving; they only need to prove that you actually were. For instance, if you’re charged with stunt driving because of speeding, the evidence needs to show how fast you were going and the speed limit of the area. This is often done with radar or pacing evidence.
The key piece of evidence in Ontario is usually a calibrated radar or speedometer, recognized by the courts. If you’re challenging a stunt driving charge, you’ll have to question the accuracy of such devices, which isn’t an easy task.
Is Video Evidence Needed in Court for Stunt Driving?
Generally, the answer is no. Video recordings are considered “additional disclosure” but aren’t usually necessary to convict someone of stunt driving. The officer’s written account of the incident, including details like the time, date, and method used to measure your speed, are typically enough.
Don’t expect that a trial will be delayed just because there’s no video evidence. A Justice of the Peace often won’t consider the lack of video a valid reason to postpone a trial. The other evidence provided is usually sufficient.
Next Steps if You’re Facing a Stunt Driving Charge
Before you decide to contest your stunt driving charge, especially based on the lack of video evidence, it’s crucial to get advice from a legal expert in stunt driving cases. Remember, your driving privileges could be at stake for up to three years. A professional can guide you on how to deal with the court system and help you make informed decisions that will impact your life, including your family, job, and finances.
Understanding the legal process and knowing the significance of different types of evidence can be the key to effectively handling your stunt driving charge. Always consult with a legal professional to explore your options and develop a strategy that protects your interests.
Is video evidence required in Ontario stunt driving cases?
No, video evidence is not typically required to convict someone of stunt driving in Ontario as the courts usually rely on the officer's notes and radar evidence.
What should you do if charged with stunt driving?
If charged with stunt driving, it's important to consult a legal expert who can advise on the court system and help you make decisions to protect your interests.
