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Are all Stunt Driving cases the same in Ontario

Are all Stunt Driving cases treated the same?

Every Stunt Driving Case is Unique

If you’re looking for a quick answer on whether all stunt driving cases in Ontario are the same, it’s a straightforward “no”. However, it’s critical to understand that each case of stunt driving is distinct and varies across the province. Let’s delve into why this is the case.

Caution: Stunt Driving Advice is Not One-Size-Fits-All

Hearing about a friend’s experience with a stunt driving charge might lead you to think all cases are alike, but that’s a misconception. Stunt driving encompasses a wide range of offenses, and the outcome of someone else’s case doesn’t set a precedent for yours—even under similar conditions or in the same court. Multiple factors affect the outcome of a stunt driving case, such as:

  • The specific court handling the case (e.g., Toronto, Brampton, North Bay)
  • The prosecutor assigned to the case
  • Your personal driving history
  • The speed you were allegedly driving at
  • Your age
  • Detailed circumstances of the incident
  • Any additional charges accompanying the stunt driving charge
  • The officer’s perspective on the event
  • Method of speed detection used (radar or pacing)
  • The type of road where the incident occurred (rural, highway, residential)
  • The conditions of the road at the time

These elements are all taken into consideration by the Province when assessing your case and deciding on the severity of potential penalties.

The Prosecutor Holds the Power in Stunt Driving Cases

In stunt driving cases, the prosecutor plays a pivotal role. Because stunt driving is considered a “strict liability” offense, the evidence, such as the radar or officer’s notes, is crucial in determining guilt. Therefore, the prosecutor has significant influence over the direction of your case. It’s important to understand that your friend’s outcome has no bearing on your case; your situation is determined by the prosecutor’s assessment and the penalties they seek to impose.

No Standard Outcome for Stunt Driving in Ontario

Stunt driving charges are not standardized across Ontario. Each court and prosecutor has the autonomy to apply the law as leniently or strictly as they deem appropriate. They decide on the course of action for each case based on the evidence at hand. So, before you rely on a friend’s experience to predict your case’s outcome, seek legal advice. The consequences of a stunt driving charge can be severe, potentially resulting in a 1-3 year license suspension, fines ranging from \$2,000 to \$10,000, and even jail time, regardless of what you’ve been told by peers.

Understanding that each stunt driving case is treated individually is crucial. If you’re facing such a charge, consult with a legal expert to get a clear picture of your specific situation and to receive guidance tailored to your case.

Is every stunt driving case in Ontario the same?

No, every stunt driving case in Ontario is unique. Factors like court location, your driving history, and the incident details affect the outcome.

What determines the outcome of a stunt driving case?

The outcome of a stunt driving case is influenced by the prosecutor, evidence like radar readings, your driving record, and specific incident details.

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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.