I’m Jonathan Cohen from Nextlaw, where I work alongside my associate Dan Joffe, specializing in defending against Stunt Driving and DUI charges across Ontario. We approach each case with the diligence and care as if it were our own, ensuring the best possible defense for our clients. A common concern I hear from those we help is: “What does going to trial for a Stunt Driving charge really entail?”
The Reality of Stunt Driving Trials
Contrary to the dramatics of courtroom dramas on television, the actual process of a Stunt Driving trial is grounded in stringent legal procedures and realities:
Immediate Roadside Penalties
Upon being charged with Stunt Driving in Ontario, the immediate consequences are non-negotiable: a 30-day license suspension and a 14-day vehicle impoundment. These penalties are automatic and remain unaffected by the eventual trial outcome.
Court Appearances
Your first court date is not for presenting your defense but serves as an administrative step in the process. It’s a procedural appointment to exchange updates and evidence pertinent to your case.
Deciding on a Trial
Many without legal representation hastily opt for a trial, driven by various reasons like contesting the speed they are accused of or concern over insurance rates. However, it’s crucial to understand that a trial is not a venue for emotional pleas; it’s a factual battleground. The focus is on the officer’s testimony, radar readings, and technicalities. Stunt Driving is adjudicated under “strict liability”—the court’s interest lies solely in whether the act occurred, not the intention behind it.
The Risks of Trial
Choosing to go to trial eliminates the chance for negotiation. You stand to defend against the charge with no fallback. An unfavorable verdict moves you directly to sentencing, where penalties are not avoided but merely mitigated. The penalties are severe, starting with a minimum one-year license suspension that could extend to three years, fines ranging from \$2,000 to \$10,000, and the possibility of jail time.
Before rushing into a trial or being persuaded by any legal counsel eager for litigation, it’s imperative to seek thorough legal advice. Weigh the risks of a trial against the potential benefits of alternative strategies. The stakes are high—with your license, job, and family’s well-being in the balance, making informed and strategic decisions is essential when dealing with the consequences of a Stunt Driving charge.
What happens during a Stunt Driving trial in Ontario?
A Stunt Driving trial in Ontario focuses on strict legal procedures rather than dramatics. It involves immediate penalties like a 30-day license suspension and 14-day vehicle impoundment, with court appearances primarily for administrative purposes and evidence exchange.
What are the risks of opting for a trial in a Stunt Driving case?
Opting for a trial in a Stunt Driving case eliminates negotiation options, leading directly to defense against the charge. Unfavorable verdicts can result in severe penalties, including fines, lengthy license suspensions, and possible jail time, making informed legal guidance crucial.
