Proven Ways to Beat a Stunt Driving Charge in Ontario

Stunt driving charges in Ontario carry severe penalties, including hefty fines, license suspensions, and potential jail time. However, there are proven strategies that can help beat these charges or reduce their impact. This article examines effective ways to fight a stunt driving ticket in Ontario, drawing on legal expertise and real case examples.

Understanding Stunt Driving Laws in Ontario

Before delving into defense strategies, it’s crucial to understand what constitutes stunt driving in Ontario. According to Section 172 of the Ontario Highway Traffic Act, stunt driving includes:

• Driving 40 km/h or more over the speed limit where the limit is less than 80 km/h
• Driving 50 km/h or more over the speed limit where the limit is 80 km/h or higher
• Driving 150 km/h or faster, regardless of the posted limit
• Racing or engaging in a contest with another vehicle
• Performing stunts like drifting, wheelies, or donuts
• Driving with a person in the trunk
• Deliberately preventing another vehicle from passing

The penalties for stunt driving in Ontario are severe:

• Immediate 30-day license suspension
• 14-day vehicle impoundment
• Minimum $2,000 fine up to $10,000
• Possible jail sentence up to 6 months
• 6 demerit points
• Up to 3 year license suspension upon conviction

Given these harsh consequences, it’s essential to mount a strong defense if charged with stunt driving. Let’s explore some proven strategies.

1. Challenge the Evidence

One of the most effective ways to beat a stunt driving charge is to challenge the evidence against you. This often involves questioning the accuracy and reliability of speed measurement devices like radar guns or automated speed cameras.In a recent case in Toronto, a driver successfully fought a stunt driving ticket by challenging the reliability of the automated speed enforcement (ASE) camera that clocked his alleged speed. The driver was accused of going 121 km/h in a 50 km/h zone, but his defense hinged on whether the ASE camera was in reliable working condition. When cross-examined, the prosecution was unable to prove the accuracy and routine maintenance of the camera, leading to the charge being dismissed.To use this strategy:

• Request disclosure of all evidence, including calibration and maintenance records for speed measurement devices
• Hire an expert witness to testify about potential inaccuracies in speed measurement technology
• Cross-examine the officer about their training and experience with the speed measurement device

2. Prove Necessity or Duress

In some cases, you may be able to argue that your actions were necessary due to an emergency situation or that you were under duress. While this defense is challenging to prove, it can be effective if you have strong supporting evidence.For example, if you were rushing a critically ill person to the hospital, you might argue that exceeding the speed limit was necessary to save a life. To support this defense:

• Gather medical records or witness statements to corroborate your story
• Provide evidence of the emergency situation (e.g., 911 call logs)
• Demonstrate that you took reasonable precautions to minimize danger to others while speeding

3. Dispute the Officer’s Observations

Police officers’ observations play a crucial role in stunt driving charges. If you can cast doubt on the officer’s ability to accurately observe and assess the situation, you may be able to beat the charge.Strategies for disputing officer observations include:

• Highlighting poor weather conditions that could have affected visibility
• Questioning the officer’s vantage point and ability to clearly see your vehicle
• Presenting evidence (like dashcam footage) that contradicts the officer’s account

4. Argue Lack of Intent

For some stunt driving offenses, like racing or performing stunts, you may be able to argue that you lacked the intent to engage in the prohibited behavior. This defense can be particularly effective if you can demonstrate that your actions were unintentional or caused by factors beyond your control.For instance, if you were accused of racing another vehicle, you could argue that you were simply accelerating to merge onto a highway and had no intention of racing. To support this defense:

• Provide a detailed account of your actions and intentions
• Present witness statements that corroborate your version of events
• Use expert testimony to explain how your actions could be misinterpreted

5. Charter Rights Violations

If your rights under the Canadian Charter of Rights and Freedoms were violated during the stop, arrest, or investigation, you may be able to have the evidence against you excluded. Common Charter violations in stunt driving cases include:

• Unlawful stops or searches
• Failure to inform you of your right to counsel
• Unreasonable detention

If you believe your rights were violated, consult with a lawyer to determine the best way to raise this issue in court.

6. Negotiate a Plea Bargain

While not technically “beating” the charge, negotiating a plea bargain can often result in reduced penalties or a lesser charge. This strategy can be particularly effective if you have a clean driving record or if there are weaknesses in the prosecution’s case.In many cases, prosecutors may be willing to reduce a stunt driving charge to a regular speeding ticket or careless driving offense. This can result in lower fines, fewer demerit points, and avoid the mandatory license suspension associated with stunt driving convictions.To negotiate effectively:

• Highlight any mitigating factors (e.g., clean driving record, extenuating circumstances)
• Point out any weaknesses in the prosecution’s case
• Be prepared to plead guilty to a lesser offense

7. Challenge the Jurisdiction

In some cases, you may be able to argue that the court lacks jurisdiction to hear your case. This could occur if the alleged offense took place in a location where the specific stunt driving law doesn’t apply or if there are issues with how the charge was filed.While this defense is less common, it can be effective in certain situations. Consult with a lawyer to determine if this strategy applies to your case.

8. Demonstrate Due Diligence

For some stunt driving offenses, you may be able to use the defense of due diligence. This involves showing that you took all reasonable precautions to avoid committing the offense.For example, if you’re charged with stunt driving for going 40 km/h over the limit, you might argue that you were relying on your vehicle’s speedometer, which you recently had calibrated. To support this defense:

• Provide maintenance records showing recent speedometer calibration
• Demonstrate a history of safe driving and adherence to traffic laws
• Show that you took reasonable steps to ensure you were driving safely

9. Technical Errors in the Charge

Sometimes, stunt driving charges can be dismissed due to technical errors in how the charge was laid or in the paperwork associated with the ticket. Common errors include:

• Incorrect date, time, or location on the ticket
• Errors in the driver’s name or license information
• Failure to properly serve the ticket within the required timeframe

While these types of errors don’t always result in dismissal, they can sometimes provide grounds for having the charge thrown out.

10. Hire an Experienced Lawyer

Perhaps the most proven way to beat a stunt driving charge is to hire an experienced traffic lawyer or paralegal. These professionals have in-depth knowledge of traffic laws, court procedures, and effective defense strategies.A skilled lawyer can:

• Identify weaknesses in the prosecution’s case
• Negotiate with prosecutors for reduced charges
• Present compelling arguments in court
• Ensure your rights are protected throughout the legal process

While hiring a lawyer involves upfront costs, it can often save you money in the long run by helping you avoid hefty fines, license suspensions, and insurance rate increases.

Conclusion

Beating a stunt driving charge in Ontario is challenging but not impossible. By understanding the law, carefully examining the evidence against you, and employing proven defense strategies, you can increase your chances of a favorable outcome. Whether through challenging evidence, negotiating plea bargains, or raising constitutional issues, there are multiple avenues to fight these serious charges.Remember, each case is unique, and the best defense strategy will depend on the specific circumstances of your situation. If you’re facing a stunt driving charge in Ontario, it’s crucial to consult with an experienced traffic lawyer who can assess your case and recommend the most effective course of action. With the right approach and legal representation, you can potentially beat a stunt driving charge and avoid the severe consequences that come with a conviction.