When drivers are pulled over and charged with stunt driving under Section 172(1) of the Highway Traffic Act (HTA), they often face multiple accompanying charges. Understanding how these charges interact and their implications for your defence strategy is crucial.
Primary Stunt Driving Charge
The stunt driving charge carries severe immediate consequences, including a 30-day roadside license suspension and 14-day vehicle impoundment. Upon conviction, penalties can include:
- Fines ranging from $2,000 to $10,000
- Up to six months imprisonment
- License suspension of 1-3 years for first offense
- Mandatory driver improvement course
- Six demerit points
Common Accompanying Charges
Speeding Tickets
While stunt driving often involves excessive speed (40-50 km/h over the limit), officers frequently issue separate speeding tickets. This might seem redundant since the speed element is already captured in the stunt driving charge, but it serves as a backup charge should the stunt driving charge fail in court.
Careless Driving
Officers may simultaneously charge drivers with careless driving, mainly when driving involves multiple dangerous maneuvers. The careless driving charge acts as a ‘lesser included offence’, which means it is a less serious version of the main charge, that prosecutors can fall back on if they cannot prove the stunt driving charge beyond a reasonable doubt.
Secondary Traffic Violations
During a stunt driving stop, officers thoroughly inspect driver and vehicle documentation. This often leads to additional charges such as:
- Failure to surrender the license
- Failure to produce an insurance card
- Vehicle equipment violations
- Improper vehicle modifications
- Documentation-related offences
Court Process and Charge Integration
Unified Court Appearance
All charges stemming from a stunt driving incident are typically heard together in court because they arise from the same transaction or occurrence. The court treats these charges as a package, making separating them into different proceedings impossible.
Prosecutorial Strategy
The Crown typically focuses on proving the stunt driving charge, as it carries the most severe penalties under the HTA. Secondary charges often serve as:
- Backup charges if the main charge fails
- Bargaining tools in plea negotiations
- Additional leverage for the prosecution
Defence Considerations
Primary Focus
When defending against multiple charges, the defence strategy typically centers on the stunt driving charge, as it carries the most severe consequences. Success in challenging the primary charge often leads to favourable outcomes with the secondary charges.
Technical Defenses
Common defence strategies include:
- Challenging speed measurement accuracy
- Questioning officer observations
- Examining procedural compliance
- Investigating Charter Rights Violations
Impact on Insurance
The combination of multiple charges can have devastating effects on insurance rates. Insurance companies may:
- Increase premiums by 300% or more
- Classify the driver as high-risk
- Cancel existing policies
- Require high-risk insurance for 3-6 years
Driver Improvement Course Requirement
As of recent changes, convicted drivers must complete a mandatory driver improvement course within 60 days of conviction, regardless of the number or type of accompanying charges. Failure to complete this course results in license cancellation.
Long-term Consequences
Record Impact
Multiple convictions from a single stunt driving incident can create a complicated driving record that affects:
- Future employment opportunities
- Insurance rates
- License reinstatement options
- Travel abilities
Prevention and Compliance
To avoid facing multiple charges, drivers should:
- Maintain current documentation
- Keep vehicles properly maintained
- Observe speed limits
- Avoid aggressive driving behaviours
- Carry required documentation
Legal Representation
Professional legal representation is crucial, given the complexity of multiple charges and their interconnected nature. A qualified defence lawyer can:
- Analyze the strength of each charge
- Develop comprehensive defence strategies
- Negotiate with prosecutors
- Protect driver rights
- Minimize long-term consequences
Bottom Line?
When facing stunt driving charges in Ontario, it’s essential to understand that accompanying charges, while secondary, can significantly complicate your case and impact potential outcomes. Professional legal representation is crucial for navigating these complex cases and achieving the best possible resolution. The focus should remain on defending against the primary stunt driving charge while strategically addressing accompanying violations as part of a comprehensive defence strategy.
What happens if I'm charged with stunt driving in Ontario?
Stunt driving charges carry immediate penalties, including license suspension, vehicle impoundment, and severe fines. Additional charges like speeding or careless driving may also apply.
Can I fight stunt driving and related charges in court?
Yes, you can challenge stunt driving charges through technical defenses like questioning speed accuracy, officer observations, or procedural compliance. A lawyer can help craft a strong defence.
