How To Beat A Stunt Driving Charge In Ontario
To effectively beat a stunt driving charge in Ontario, it is crucial to understand the nature of the charge and the legal strategies that can be employed. Stunt driving charges are serious and can lead to significant penalties, including hefty fines, license suspensions, and increased insurance rates.
Here are some steps and considerations for beating a stunt driving charge:
1. Consult a Legal Professional:
The first and most important step is to consult with an experienced legal professional, such as a paralegal or lawyer who specializes in traffic offenses. They have the expertise to assess your case, evaluate the evidence, and develop a strong defense strategy.
2. Review Disclosure:
Obtain and thoroughly review the disclosure, which is a copy of the case against you. This includes all the evidence and information the prosecution intends to use in your case. An in-depth analysis of the disclosure is essential to identify any weaknesses or errors in the case.
3. Understand the Charge:
Stunt driving charges often stem from speeding violations. It’s essential to differentiate between a standard speeding ticket and a stunt driving charge. The legal professional can argue that your case should not be treated as an absolute liability offense, highlighting the room for mistakes or technicalities in the charge.
4. Challenge the Evidence:
A critical part of beating a stunt driving charge is challenging the evidence presented by the prosecution. This may involve questioning the accuracy of speed measurement devices, examining the circumstances of the alleged offense, or disputing the actions that led to the charge.
5. Courtroom Expertise:
Your legal representative should have a solid understanding of courtroom procedures, traffic law, and the legal precedents that apply to stunt driving cases. They should know when and how to present arguments that favor your defense.
6. Negotiation and Resolution:
In some cases, it may be possible to negotiate with the prosecution to have the charges reduced or withdrawn. Your legal professional can explore options that would lead to a more favorable outcome.
7. Trial Preparation:
If the case proceeds to trial, thorough preparation is essential. Your legal representative will gather evidence, identify witnesses, and develop a compelling defense strategy.
During the trial, your legal professional will advocate on your behalf, presenting evidence, cross-examining witnesses, and making legal arguments to persuade the court to dismiss the charge or issue a favorable verdict.
9. Appeal if Necessary:
In the event of an unfavorable verdict, you may have the option to appeal the decision, seeking a reconsideration of the case by a higher court.
To beat a stunt driving charge, it’s highly advisable to seek professional legal assistance. Expertise in traffic law, courtroom advocacy, and a deep understanding of the nuances surrounding stunt driving cases are essential for achieving the best possible outcome. Consult with a legal professional with a track record of successfully handling stunt driving charges to give yourself the best chance of beating the charge and minimizing the associated penalties.
For more information on stunt driving charges and how to handle them, you can explore these resources:
- 5 Things Most People Don’t Know About Stunt Driving in Ontario
- Ontario Ticket Defence Legal Services for Stunt Driving
- How to Fight a Stunt Driving Charge
How to beat a stunt driving charge in Ontario? An excellent question. I think to answer that question, we want to think about the history of the charge and what that means. History is a funny word because when we’re talking about stunt driving, I think of it as relatively new legislation.
Legislation for under highway traffic or even under the criminal code are many years old. This is, I would guess, about 15 years old. Stunt driving sort of showed up. It passed, and here it is. During its brief history, the penalties for stunt driving have only increased. They’ve become more strict, they’ve become greater, and the consequences to your insurance have also suffered.
We deal with a high volume of this type of charge, and beating a stunt driving charge or getting out of it is probably the single most important thing that we do when representing a client on such a thing.
We have to be aware of the current legislation. We have to do a very thorough review – an intense – review of the disclosure. Disclosure is, as you may know, a copy of the case against you. The cases for stunt driving are usually dealing with speed. They are usually very technical. There are many things that go into being in a position where the crown can actually convict of stunt driving.
An interesting point about stunt driving is the difference between a speeding ticket and stunt driving. Now, most of the stunt driving tickets that we see are derived from speeding. Speeding, in previous videos, I’ve told you what an absolute liability offense would be, which is speeding, and how strict those are. So it’s not as strict as an absolute liability, but it’s the basis for a stunt driving charge being a stunt driving charge.
So what happens in a courtroom as these things are proceeding to trial, oftentimes there is this automatic thought, this current of conviction, like the stunt driving was a speeding ticket under the absolute liability regime. And it’s something that needs to be pointed out at the right time, the right moment with the right law to curb what may happen here.
And we’ve been very successful in picking the moment, picking the time, showing the case and saying: “look, your honor, I have a point to make here. This is not an absolute liability case. This is not a speeding ticket. There should not be an automatic conviction for something like this. There is room for mistake.”
People make mistakes, and under the normal regime, those mistakes ought to be listened to by a judge, ought to be considered. We have been, I’m proud of this, very successful in pointing that out and being successful and keeping these things off our client’s record so that they save thousands of dollars. And in some cases, one comes to mind right now, where my client actually saved his career by being in a position to time these arguments and know what to say in a courtroom at the perfect time.
Please consider what I’ve said. Please consider that this is a serious matter that requires someone who really ought to know what they’re doing to help you. Please give us a call. Be glad to take a look at your case.