When facing a stunt driving charge in Ontario, your previous driving record significantly influences how prosecutors present your case before a Justice of the Peace. A history of traffic violations can transform what might have been a manageable situation into a severe legal predicament, demanding immediate and careful legal strategy.
The Prosecutor’s Role in Your Case
Prosecutors examine your driving history with intense scrutiny when handling stunt driving cases. Multiple previous speeding tickets or aggressive driving charges paint a picture of a pattern of dangerous behaviour rather than an isolated incident. This perspective often leads prosecutors to push for maximum penalties, but they can also be open to charge reductions or alternative resolutions, offering a glimmer of hope in a challenging situation. Each courthouse in Ontario operates independently, meaning prosecution approaches can vary significantly between jurisdictions.
Impact on Court Proceedings
The consequences become particularly severe when you have a troubled driving history. While a first-time offender might receive a one-year license suspension, those with previous infractions often face harsher prosecution recommendations. The Justice of the Peace, who presides over your case and has the authority to determine the appropriate penalties, will consider both the prosecutor’s position and your driving record when making this decision.
Understanding Prosecution Strategies
Different jurisdictions across Ontario may handle stunt driving cases differently. Some prosecution offices take an unyielding stance on repeat offenders, while others might consider mitigating factors even with a problematic driving record. This variation makes it crucial to understand local court tendencies and prosecution approaches, empowering you to navigate the legal system effectively.
Insurance Implications
A stunt driving conviction and a problematic driving record can devastate your insurance. Insurance companies may increase rates by two to three times the standard coverage, with annual premiums ranging from $4,000 to over $7,000. Some drivers face monthly premiums as high as $600; in severe cases, insurance companies might refuse coverage altogether.
Real-World Example
Consider this recent case from an Ontario courthouse: A driver with multiple speeding tickets and a previous careless driving conviction faced a stunt driving charge for travelling 50 km/h over the limit. The prosecutor, noting the pattern of aggressive driving, refused to consider a reduced charge. The Justice of the Peace, after reviewing the driving record, imposed a maximum fine of \$10,000 and a three-year license suspension. This case illustrates how a problematic driving record can significantly impact the outcome of a stunt driving charge.
Strategic Defense Considerations
Your defence strategy becomes even more critical when dealing with stunt driving charges while having a problematic driving record. Prosecutors may view G2 or novice drivers particularly harshly, arguing that limited driving experience combined with serious infractions demonstrates a fundamental disregard for road safety. To counter this, consider gathering character references and evidence of changed behaviour, completing defensive driving courses proactively, documenting any mitigating circumstances, and understanding local prosecution tendencies.
Working with the Prosecution
Understanding that prosecutors have significant discretion in how they handle cases is crucial. A skilled defence strategy often involves:
- Early case assessment and consultation with the prosecution
- Gathering evidence of rehabilitation or changed circumstances
- Presenting mitigating factors that might influence the prosecutor’s position
- Understanding local courthouse tendencies and prosecution approaches
Long-Term Record Management
The permanence of these convictions adds another layer of complexity. While insurance companies typically look at the last three years of your driving record, a stunt driving conviction remains indefinitely on your permanent driving record. This permanent record can affect future employment opportunities, especially in positions requiring a clean driving record.
Building an Effective Defense
When facing a stunt driving charge with a troubled driving history, consider:
- Gathering character references and evidence of changed behaviour
- Completing defensive driving courses proactively
- Documenting any mitigating circumstances
- Understanding local prosecution tendencies
- Securing experienced legal representation familiar with local court procedures
The key to managing a stunt driving charge with a troubled driving history lies in developing a comprehensive defence strategy that addresses the immediate charge and your overall driving record. Professional legal representation becomes helpful and essential in these cases, as the stakes are significantly higher for those with previous infractions.
Remember that each Ontario courthouse handles cases differently, and understanding these local variations can be crucial to your defence strategy. Working with legal professionals who understand these nuances and have experience with local prosecution offices can significantly impact the outcome of your case.
How does a bad driving record affect my stunt driving case in Ontario?
A bad driving record can lead to harsher penalties, including higher fines, longer license suspensions, and increased scrutiny from prosecutors.
Can a bad driving record increase my insurance premiums?
Yes, a stunt driving conviction combined with a bad driving record can result in significant insurance premium hikes, sometimes up to three times the standard rate.
