Fight a Stunt Driving Charge in Ontario

Stunt driving is a serious offence in Ontario, carrying severe penalties that can have lasting impacts on your driving record, finances, and freedom. If you’ve been charged with stunt driving, it’s crucial to understand the law, the elements of the offence, possible defences, and the consequences of a conviction. This comprehensive guide provides valuable insights to help you navigate the complexities of fighting a stunt driving charge in Ontario.

Understanding Stunt Driving Under Ontario Law

Stunt driving in Ontario is governed by Section 172 of the Highway Traffic Act and Regulation 455/07. This legislation outlines various actions that constitute stunt driving, including:

• Excessive Speeding: Driving 50 km/h or more over the posted speed limit, or more than 40 km/h over the speed limit in on any road with a posted speed limit of less than 80 km/h.
• Racing: Competing with another vehicle.
• Driving with Intent: Intentionally causing a vehicle to spin, without maintaining control, or lifting some or all tires from the roadway (e.g., performing "wheelies" or "doughnuts").

Elements of the Offence

To convict someone of stunt driving, the prosecution must prove certain elements beyond a reasonable doubt:

1. Operation of a Vehicle: The accused must have been operating a motor vehicle on a highway.
2. Stunt Driving Action: The specific stunt driving behaviour, as defined by the law, must be proven.
3. Intent or Recklessness: The driver’s actions must be intentional or show a reckless disregard for safety.

Consequences of a Stunt Driving Conviction

A conviction for stunt driving can result in severe penalties:

• Immediate License Suspension: Your driver's license can be suspended on the spot for 30 days.
• Vehicle Impoundment: Your vehicle can be impounded for 14 days.
• Fines: Fines range from $2,000 to $10,000.
• Demerit Points: Six demerit points are added to your driving record.
• Possible Jail Time: Up to six months of imprisonment.
• Increased Insurance Rates: A conviction can lead to significantly higher insurance premiums.

Defences to a Stunt Driving Charge

There are several defences that can be used to fight a stunt driving charge:

1. Mistaken Identity: Arguing that you were not the driver involved in the stunt driving incident.
2. Calibration Issues: Questioning the accuracy of speed measurement devices used by law enforcement.
3. Emergency Situations: Proving that your actions were necessary to avoid a greater danger or due to an emergency.
4. Improper Procedure: Challenging the procedures followed by the police during the stop and arrest.

Legal Process for Fighting a Stunt Driving Charge

Fighting a stunt driving charge involves several steps, and having a knowledgeable legal professional can greatly improve your chances of success. Here’s how you can proceed:

1. Consult a Legal Professional: Seek advice from an experienced paralegal or lawyer who specializes in traffic offences.
2. Review the Evidence: Obtain and review all evidence, including police reports, witness statements, and any video footage.
3. Prepare Your Defence: Develop a strategy based on the specifics of your case and the available evidence.
4. Attend Court: Present your case in court, either personally or through legal representation. Your legal representative can negotiate with the prosecution, present evidence, and cross-examine witnesses.

Importance of Legal Representation

Navigating the legal system can be complex, especially when dealing with serious charges like stunt driving. Hiring a professional who understands the intricacies of traffic law in Ontario can provide several benefits:

• Expert Knowledge: Legal professionals have a thorough understanding of the law and legal procedures.
• Experience: They have experience handling similar cases and can anticipate the prosecution’s strategies.
• Negotiation Skills: They can negotiate with prosecutors for reduced charges or penalties.
• Peace of Mind: Handling the paperwork, court appearances, and negotiations can reduce your stress and save you time.

Conclusion

Being charged with stunt driving in Ontario is a serious matter, but with the right approach and legal help, you can effectively fight the charge. Understanding the legal framework, knowing the elements of the offence, preparing a strong defence, and seeking professional assistance are key steps in protecting your rights and minimizing the impact on your life.

For more information on how to fight a stunt driving charge, or to get professional help, visit Cambium Legal Services or consult the Ontario Highway Traffic Act.

Don’t let a stunt driving charge derail your future – get help today!