First-time Stunt Driving Offence in Ontario
Facing charges for stunt driving in Ontario for the first time can feel intimidating for a number of reasons, including heavy penalties, a driving ban and other adverse consequences. Meanwhile, knowing what to do and what to avoid, as well as having a clear picture of your options, can ease the stress and help you mount a strong defence.
Below we discuss what happens when you get charged for stunting, what are the immediate steps to take and what your options are for defending against a first-time stunt driving offence in Ontario.
What Happens When You Get Charged with Stunt Driving in Ontario?
In the unfortunate event of being charged with stunt driving, you may face a number of consequences, including a monetary penalty and/or jail time, or both. Other repercussions include a driving ban, greatly increased insurance premiums and a long-lasting effect on your driving record.
Penalties for the First-Time Stunt Driving Offence in Ontario
According to the Moving Ontarians More Safely Act, those convicted for stunting in Ontario for the first time can face:
- a fine between $2,000 and $10,000, imprisonment of up to six months, or both,
- suspension of a driving license from one to three years,
- a 14-day impoundment of the vehicle with payment for storage costs,
- an immediate 30-day license suspension,
- six demerit points,
- having to enter a driver improvement course to have the driving license restored.
Impact of the First-Time Stunt Driving Offence on Your Driving Record
Unlike other traffic offences in Canada, such as dangerous driving or DUI, stunt driving is not a criminal offence and does not result in a criminal conviction or a criminal record.
At the same time, the conviction for the first-time stunt driving offence in Ontario will be reflected on your driving record.
The record for stunt driving will be visible to insurance companies for three years. Meanwhile, if you commit another stunt driving offence within 5 years of the first conviction, it will be considered as the subsequent offence, resulting in much heavier penalties. You will need five years to pass after the first conviction to have the court consider the next incident as the first-time stunt driving offence in Ontario.
Impact of the Stunt Driving on Your Insurance
During the first year after a conviction for the first-time stunt driving offence, it will have no impact on your insurance rate as you will be banned from driving a vehicle.
After you are legally allowed to drive, you can expect your insurer to increase the rate significantly. Other insurers will be immediately informed about your first-time stunt driving conviction by accessing your driving record and will offer high rates.
In the most extreme cases, insurers can refuse to renew the policy after its expiry. In this situation, you may need to seek assistance from the Facility Association, which is a non-profit organization known as an insurer of last resort for high-risk drivers.
What to Do if You Have Been Charged with Stunt Driving in Ontario
When you are pulled over by the police for stunting, it is natural to feel uneasy about the disruption and nervous because of the potential consequences.
Knowing what you should do and what you should avoid when facing charges for a first-time stunt driving offence in Ontario can help restore your peace of mind and avoid hurting your chances of a successful defence.
Things You Should Do Immediately After Getting a Stunt Driving Ticket in Ontario
When the police stop you for speeding or other driving behaviour known as stunt driving, you should:
- Pull over, ensuring the safety of yourself, your passengers, and other road users.
- Stay calm and cooperate with the officer, providing them with information about your license, registration and insurance details.
- Exercise your right to remain silent by politely telling the police that you prefer not to make any statements or answer questions.
- Inform your insurer about the impoundment of the vehicle.
- Seek legal assistance.
Things to Avoid After Receiving a Stunt Driving Ticket
At the same time, keeping in mind things to avoid helps improve your chances of contesting the charges:
- Don't obstruct the police officer in the performance of their duties,
- Avoid any statements to the police that can be interpreted as an admission of guilt,
- Don't drive any vehicle during the period of suspension of your driving license,
- Avoid discussing the traffic situation or the charges with someone on social media or elsewhere except your legal counsel.
Bear in mind that your driving license is automatically suspended for 30 days after you are pulled over for a first-time stunt driving offence in Ontario. The driving license suspension is irrespective of whether the officer takes your driving license or not, so you should avoid driving any vehicle after you receive a traffic ticket for stunting.
What Are My Options for Fighting a Stunt Driving Offence
By fighting the charges, you have the chance to avoid the disruptive consequences of conviction, such as jail time, monetary penalty, driving ban and impact on your insurance, and obtain a much better outcome.
Your legal counsel for stunt driving offences in Ontario, if you have one, can help you develop the most effective defence strategy based on the circumstances of your case. In many situations, possible defences could include:
- Challenging the evidence: This type of defence involves challenging the accuracy of evidence the police have against you, for example, data from speed detection devices or police reports, and can often help weaken or dismiss the charges.
- Violation of your Charger rights: In a situation where your Charter rights were violated during a pull-over by police and/or arrest, you can have the evidence against you withdrawn or dismissed as inadmissible.
- Lack of intent: Depending on the context, your defence may claim you lacked intent in performing the stunt, which was purely accidental and not intentional.
- Defence of necessity: In certain scenarios, arguing that you acted out of necessity in an emergency can have the charges dismissed.
- Negotiating lesser charges: If it is not possible to fight the stunt driving ticket to have it withdrawn or dismissed, your defence can help negotiate a plea deal with the prosecution, for example, downgrading it to a regular speeding ticket or reducing the fines or the driving ban.
How to Fight a Stunt Driving Offence in Ontario
Fighting the charges for first-time stunt driving offence in Ontario can be nuanced and context-dependent. Still, when you are backed by seasoned legal professionals with experience in defending such cases, you have the best chance of having your charges dismissed or significantly reduced.
In most situations, a solid defence plan would include the following steps:
- When you are pulled over for stunt driving, stay calm and cooperate with the police by providing the officer with your driving license, registration, insurance, and ID information.
- Avoid making any statements or admissions of guilt, politely explaining to the officer that you exercise your right to remain silent and that you do not wish to answer any questions.
- Examine your traffic ticket to clearly understand the charges against you and look for any discrepancies or errors, such as mistakes in the date, time or vehicle information, which can be further used to challenge the validity of evidence.
- Request the evidence the police have against you, known as disclosure, including the police report, radar gun calibration records and any relevant information.
- Consider hiring a qualified legal counsel to help you navigate the Ontario legal system and build a successful defence.
- Attend the pre-trial meeting with the prosecution to discuss your case and negotiate possible deals for lesser charges.
- Prepare your testimony in court, choosing the most effective defence strategy that is relevant to your circumstances.
- Follow the advice of your legal representative for pre-trial meeting and court hearing to maximize the chances of obtaining the most favourable outcome under the circumstances.
Our Team Will Fight Your First-Time Stunt Driving Charge
If you face charges for a first-time stunt driving offence in Ontario, you will have much better chances to beat them if you hire professional legal counsel specializing in traffic offences. When you retain an experienced paralegal team from Legal Action to fight your traffic ticket, we will scrupulously examine all the evidence the police have against you, look for any flaws or omissions in police reports and other evidence, and identify the most effective defence strategy to your specific situation.
Please don't hesitate to contact the Legal Action paralegal team for more information on fighting the charges for the first-time driving offence in Ontario and a free initial consultation on how we can help in your case.
