As we hear of more and more individual being charged with stunt driving in the media. It’s very important as driver’s in Ontario that you are aware of what exactly this charge is and what to do if you are ever accused for stunt driving. It is such a serious charge that it is very important to know the following details if you are accused of this offence. This is not a simple traffic ticket and the penalties could have lasting consequences if not handled properly. For a serious charge like stunt driving, most accused will utilize the experience of a professional like a Paralegal.
In this post, we will focus on the charge of “stunt driving” as it relates to speeding in your vehicle. It is important note that a “stunt” can be defined as many other things including a “burnout” or even dangerously tailgating. For more follow our facebook page as we will be exploring this in future blog posts.
Now let’s take a look at a few things you definitely need to know.
Penalty for Stunt Driving
If convicted of the charge:
- six demerit points
- $2,000 – $10,000 Fine Range
- imprisonment of up to six months
- vehicle seized for seven days
- seven day roadside driver licence suspension
- Up to two year licence suspension if convicted
The Stunt Driving Charge
The charging officer is going to be giving you three documents when charging you, seizing your vehicle, and seizing your driver’s licence:
- a summons to appear in court
- a notice that your drivers licence has been seized and suspended for 7 days
- a notice of the seizure of the vehicle for 7 days
A summons is a traffic ticket without a fine that commands the driver or their representative to appear in court before a Justice of the Peace.
The driver must appear in person or have someone attend for them. For a charge of this magnitude, it is extremely wise to get legal advice. OTD Legal specializes in fighting traffic tickets and can offer you a free, no obligation consultation.
Getting Your Licence Back
You do not need to wait until your court date to get your licence back! After seven days have passed, the driver may retrieve his vehicle from the impound lot and attend at any Ministry of Transportation office to have their drivers licence reinstated.
The driver will have to pay a $281 reinstatement fee to get their licence back.
Getting Your Vehicle Back
After seven days are passed, the driver and/or owner of the vehicle can attend the impound lot.
Stunt Driving and Your Vehicle
The most common stunt driving charge laid by the police is for speeding at a rate of speed that is 50km or more over the speed limit or engaging in a “race”. Important to note that you do not even need to be racing another individual, navigating traffic at a high rate of speed changing between lanes can be construed by an officer as engaging in a “race”.
The police officer typically determines your speed by any of the 3 methods of speed enforcement. The 3 methods of enforcement are Radar, Laser, or what is called “Pacing”. Pacing is generally not as reliable as the other two methods.
Once the officer has stopped the driver, the officer is allowed to seize the vehicle for seven days. You have no choice if the officer decides to seize the vehicle. Your only option is to fight the charge in court.
The driver is responsible for the cost of the towing and the storage of the vehicle at the impound lot the police use. The fees for towing and storage are not cheap! They can easily exceed $1000.
The cost applies even if the vehicle is a rental vehicle or the driver does not own the car. The police do not care who the registered owner is.
The only circumstance a vehicle may be released is if the registered owner can substantiate that the vehicle was stolen. A police report is going to be required. Be prepared to provide one if you are going to make such a claim.
The driver and any passengers must find their own transportation after the vehicle has been seized, the police officer is not obligated to take the driver home. However, the officer will typically arrange safe travel to a local Tim Horton’s or gas station.
What should I do if I am charged?
Being unaware of the law or the court process can result in legal missteps that can result in a conviction and penalties that will impact your life for years to come. Obtaining legal representation puts a licenced, knowledgeable, and experienced paralegal in the courtroom on your behalf to protect your interests in reducing or eliminating the consequences of a possible conviction. If you have been charged by the police, our team is here to help you. OTD Ticket Defenders Legal Services provides a no-cost, no-commitment initial consultation to assist you. Our friendly staff can be reached via the toll-free number 1-844-647-6869, by email at email@example.com, or by text at 226-240-2480. You can also request a consultation online and one of our staff will contact you directly to assist you.