Here is a comprehensive overview of the pre-court, court, and trial phases of Ontario’s stunt driving law:
Pre-Court Phase
When a driver is charged with stunt driving in Ontario, they face several immediate and severe consequences before any court proceedings, underscoring the urgency and gravity of the situation:
- Roadside License Suspension: The driver’s license is suspended for 30 days.
- Vehicle Impoundment: The vehicle is impounded for 14 days, regardless of who owns it.
- Summons Issued: The driver is issued a summons with a court date, typically 2-4 months in the future.
- Evidence Gathering: Police collect evidence, including radar/speedometer readings, dashcam footage, and officer observations.
- Disclosure Preparation: The prosecution prepares disclosure documents containing the evidence against the accused.
During this pre-court phase, it’s advisable for the accused to:
- Seek legal counsel from a paralegal or lawyer experienced in stunt driving cases.
- Avoid discussing the incident with anyone other than their legal representative.
- Gather any relevant evidence or witness information that may support their case.
- Consider the potential impacts on employment, especially for professional drivers.
Court Phase
The court phase begins with the first appearance:
- First Appearance:
- The accused meets with the prosecutor and receives disclosure.
- Three options are available: a) Enter a guilty plea , b) Set a trial date, and c) Request a delay (usually 3-6 weeks) to seek legal advice.
- Plea Bargaining: If applicable, the defence may negotiate with the prosecution for a reduced charge or penalties.
- Pre-Trial Motions: The defence may file motions to challenge evidence or procedures.
- Case Resolution: Many cases are resolved before trial through plea bargains or withdrawal of charges.
If the case proceeds to trial, the following steps occur:
Trial Phase
Opening Statements: Both the prosecution and defence present their case outlines.
Prosecution’s Case:
- Presents evidence, including officer testimony, speed measurements, and video footage.
- Calls witnesses, if any.
- The defence can cross-examine prosecution witnesses.
Defense’s Case:
- May present evidence challenging the prosecution’s case.
- May call witnesses, including the accused, if they choose to testify.
- The prosecution can cross-examine defence witnesses.
Closing Arguments:
Both sides summarize their positions.
Judge’s Decision:
In Ontario, stunt driving cases are typically heard by a Justice of the Peace, who renders a verdict.
Sentencing (if convicted):
- Minimum fine of $2,000, up to a maximum of $10,000.
- License suspension for 1-3 years on first conviction.
- Possible imprisonment for up to 6 months.
- demerit points added to the driver’s record.
- Mandatory completion of a driver improvement course within 60 days of conviction.
Key Defense Strategies
Common defence strategies in stunt driving cases include:
- Challenging the accuracy of speed measurement devices.
- Questioning the officer’s training or procedures.
- Arguing necessity or emergency circumstances.
- Identifying procedural errors or Charter rights violations.
Post-Trial Considerations
If convicted, the driver must consider:
- The impact on insurance rates can increase significantly.
- Potential employment consequences, especially for professional drivers.
- The conviction remains on the driving record for three years.
Recent Legal Changes
It’s important to note recent changes to Ontario’s stunt driving laws:
- As of July 2021, the threshold for stunt driving was lowered to 40 km/h over the speed limit in zones under 80 km/h.
- Penalties have increased, including longer license suspensions and vehicle impoundments.
- A tiered system for repeat offenders was introduced, with potential lifetime bans for multiple convictions.
Stunt driving charges in Ontario carry severe immediate and long-term consequences. The legal process from the roadside to trial is complex, and outcomes can significantly impact a driver’s life. Given the severe nature of these charges, seeking experienced legal representation is crucial for anyone facing a stunt driving accusation in Ontario.
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 issued to the driver.
What happens during the court phase of a stunt driving charge?
During the court phase, the accused receives disclosure, can enter a plea, negotiate plea bargains, file pre-trial motions, and possibly resolve the case before trial.
