Receiving a stunt driving ticket in Ontario can be a stressful and confusing experience. This serious charge comes with severe immediate penalties and potential long-term consequences, such as a criminal record, increased insurance premiums, and difficulty in obtaining employment. Understanding the process from the initial charge to your first court date is crucial for navigating the legal system and protecting your rights. Here are ten essential things you need to know if you’ve been charged with stunt driving in Ontario:
1. Immediate Roadside Penalties
When you are charged with stunt driving, several immediate penalties take effect at the roadside:
- Your driver’s license is suspended for 30 days. This suspension begins immediately, regardless of the outcome of any future court proceedings.
- Your vehicle will be impounded for 14 days, even if you are not the owner.
- You will receive a summons with a future court date, typically 2-4 months away.
These immediate penalties are designed to get dangerous drivers off the road quickly. It’s important to understand that these sanctions are separate from any penalties that may be imposed if you are convicted in court.
2. Definition of Stunt Driving
Stunt driving charges can result from various driving behaviours, not excessive speeding. According to Ontario Regulation 455/07, “stunt” includes:
- Driving 40 km/h or more over the speed limit where the speed limit is less than 80 km/h
- Driving 50 km/h or more over the speed limit where the speed limit is 80 km/h or higher
- Driving 150 km/h or more anywhere in the province
- Intentionally causing some or all tires to lose traction with the road surface
- Driving with a person in the trunk
- Driving while not sitting in the driver’s seat
- Intentionally cutting off another vehicle or preventing passing
- Intentionally driving too close to another car, pedestrian, or fixed object
Understanding what constitutes stunt driving can help you avoid future charges and may inform your defence strategy.
3. Retrieving Your Vehicle
After the 14-day impoundment period, you can retrieve your vehicle from the impound lot. However, be prepared to pay significant towing and storage fees, which can amount to several hundred dollars. To reclaim the vehicle, you’ll need to provide proof of ownership and a valid driver’s license (which may still be under suspension).
4. License Reinstatement
After the 30-day suspension period, you must visit a ServiceOntario center to have your license reinstated. There is typically a reinstatement fee, and you may need to complete a driver improvement course before your license is returned.
5. Preparing for Court
While waiting for your court date, it’s crucial to start preparing your case:
- Obtain legal advice as soon as possible. Stunt driving charges are complex, and professional guidance can significantly impact the outcome.
- Gather evidence supporting your case, such as dashcam footage, witness statements, or vehicle maintenance records.
- Begin documenting your recollection of the events leading to the charge while they are fresh in your memory.
6. Understanding the “First Appearance”
Your first court date, known as the “First Appearance,” is not a trial. This initial hearing serves several purposes:
- It confirms that you (or your legal representative) know the charges and are prepared to proceed.
- You’ll have an opportunity to meet with the prosecutor.
- You can request disclosure of the evidence against you.
- You’ll need to decide how to plead or request an adjournment for more time.
7. Meeting with the Prosecutor
You’ll briefly meet with the prosecutor During your First Appearance. This meeting serves to:
- Receive disclosure of the evidence against you.
- Consider discussing your case, though this depends on the prosecutor’s discretion and available time.
- Understand the prosecution’s position on your case.
It’s important to remember that the prosecutor is not there to give you legal advice or help you. Their role is to prosecute the case against you.
8. Reviewing Disclosure
The disclosure package you receive from the prosecutor is crucial. It typically includes:
- The officer’s notes from the incident
- Any evidence collected, such as radar readings or video footage
- Your driving record
Carefully review this information, as it forms the basis of the case against you. If any expected items are missing, you have the right to request them.
9. Your Options at the First Appearance
At your First Appearance, you generally have three options:
- Plead guilty: This will conclude the case, and penalties will typically be imposed immediately.
- Set a trial date: If you wish to fight the charge, request a trial date.
- If you feel unprepared to make a decision at your First Appearance, you can request an adjournment. This means you’re asking for more time, usually 3-6 weeks, to seek legal advice or review the disclosure before making a decision on how to proceed.
Requesting an adjournment is a valid option if you’re unsure how to proceed at your First Appearance. However, it’s crucial to fully understand the charges, evidence, and potential penalties before making a decision. Take the time to review the information and seek professional advice if needed.
10. Potential Penalties if Convicted
While not directly related to the First Appearance, it’s essential to understand the potential penalties if convicted of stunt driving:
- A fine between $2,000 and $10,000
- Six demerit points
- A license suspension of 1 to 3 years for a first offence, with longer suspensions for subsequent offences
- Possible jail time of up to 6 months
- Mandatory completion of a driver improvement course
- Significantly increased insurance premiums
These severe penalties underscore the importance of taking the charge seriously and considering all your options before your First Appearance.
The bottom line?
Facing a stunt driving charge in Ontario is a serious matter with potentially life-altering consequences. The period between the initial charge and your First Appearance is crucial for understanding the charges against you, reviewing the evidence, and deciding on your next steps. While navigating this process independently is possible, the complexity of stunt driving laws and the severity of potential penalties make professional legal advice highly advisable. By understanding these ten key points, you’ll be better prepared to make informed decisions as you move through the legal process.
Remember, each case is unique; this information is not a substitute for personalized legal advice. If you’re facing a stunt driving charge, consider consulting with a lawyer or paralegal experienced in Ontario traffic law to ensure the best possible outcome for your situation.
What are the immediate penalties for stunt driving in Ontario?
Immediate penalties include a 30-day license suspension, 14-day vehicle impoundment, and a court summons.
How can I retrieve my vehicle after a stunt driving charge?
After the 14-day impoundment, you can retrieve your vehicle by paying towing and storage fees and providing proof of ownership and a valid driver's license.
