Stunt Driving Lawyers

If you’re facing charges of stunt driving in Ontario, hiring a skilled stunt driving lawyer is crucial to your defence.

Stunt driving is one of the most serious traffic offences under the Highway Traffic Act (HTA) of Ontario, and the penalties are severe.

This article will guide you through everything you need to know about stunt driving charges, what constitutes the offence, what happens in traffic court and the penalties you could face.

According to Section 172 of the Highway Traffic Act, “stunt driving” is an offence that can include several actions, including but not limited to:

• Driving at a rate of speed that is 50 kilometres per hour or more over the speed limit.
• Attempting to lift some or all of the vehicle’s tires from the surface of the highway.
• Causing the vehicle to spin or circle without maintaining control.
• Engaging in a competition or contest involving the operation of a motor vehicle.
• Driving in a manner that indicates an intention to prevent another vehicle from passing.
• Driving while performing stunts or engaging in street racing.
• Driving on a bet or wager.

These definitions cover a wide range of driving behaviours that are considered hazardous, and the intent of the law is to deter such conduct to ensure the safety of all road users.

Although section 172 of the HTA makes Stunt Driving an offence, the complete description of what is stunt driving is within Ontario Regulation 455/07.

Under Section 172 of the HTA, the penalties for stunt driving are among the harshest for traffic violations in Ontario. Convictions for first time offenders can include:

• Imprisonment for a term of up to six months
• Fine of not less than $2,000 and not more than $10,000
• Possible licence suspension for one year upon conviction
• 6 demerit points

As well as these penalties, at the roadside the police officer will immediately suspend the drivers licence for 7 days.  The vehicle is impounded for 14 days. This impoundment is mandatory and takes place immediately at the time of the charge, regardless of who owns the vehicle.

Drivers convicted of stunt driving will see dramatic increase in insurance rates for 3 to 5 years.

Consider the case in Oakville, Ontario, where a driver was charged with stunt driving caught driving more than 50 kilometres per hour or more over the speed limit in a school zone, with the speed limit posted at 40 kilometres per hour.

As this was their second offence of stunt driving, they were sentenced to six months of imprisonment along with a $10,000 fine. Additionally, they received  a 3-year licence suspension. This conviction stays on the driving record for 5 years and will result in dramatically higher insurance rates (when the do get their licence back).

This example demonstrates how repeat offences and aggravating factors, like excessive speeding in a school zone, can escalate a stunt driving charge leading to severe penalties similar to a criminal charge. It underscores the critical need for a qualified stunt driving lawyer to help you navigate the legal system and avoid these harsh legal penalties.

In court the police officer will be supported by the court system including a provincial prosecutor looking to convict you of the offence.  You need to be likewise supported with an experienced defence advocate.

If you’ve been charged with stunt driving, you may feel overwhelmed by the potential consequences.

However, it’s important to remember that a charge is not a conviction, its an allegation that can be disputed.  As in criminal charges many times charges are dropped, reduced, there are legal technicalities. Many times drivers are not guilty of what the police are alleging. You always have the right to defend yourself in court and be represented by a lawyer experienced in stunt driving law.

In Canadian law the prosecution has to prove to the court beyond a reasonable doubt that you are guilty of the offence.  The defence only has to create a reasonable doubt in the judges mind.  Where there is a tie or both sides are believed, the tie goes to the accused, dropping the charge.

Here are some strategies that a lawyer might use to fight stunt driving charges:

• Challenging the Evidence: As lawyers we’ll thoroughly examine the evidence against you,
  • the accuracy of the speed readings, laser, radar or pacing,
  • the officer’s observations, and any witness statements
  • are the court documents and/or charging information proper before the court
  • where any evidence is flawed or unreliable, your lawyer can argue that the charges should be reduced or dismissed.
  • were your rights violated, e.g time delays, right to a trial within a reasonable time
  • other legal arguments
• Plea Deals: In some cases, it may be possible to negotiate a plea deal with the prosecution.
  • This could involve pleading guilty to a lesser charge in exchange for reduced penalties, such as avoiding a long-term licence suspension or jail time.
  • e.g. getting a stunt driving for speed, reduced to under 49km/h reducing the charge to a minor offence, fine only with no licence suspension or jail.
• Presenting Mitigating Circumstances:
  • If there are factors that contributed to the incident that were beyond your control, such as a mechanical failure or a medical emergency, your lawyer could present these as mitigating circumstances to the court.

Fighting a stunt driving ticket can be complex and challenging.  As a conviction can dramatically effect your life and ability to drive, we caution about facing the court and prosecutor unrepresented by a lawyer.  Where the driver is represented with legal counsel the chances of achieving a favourable outcome increase dramatically.

As the court will have a provincial prosecutor and police officer looking to convict you, you need to be likewise legally represented.

Charged with a high speed on the 407, my friend told me about Nick Charitsis.  I phoned and spoke to him and he walked me through how he and his team would fight the charge for me.  3 months later the stunt driving ticket was dropped to a speeding ticket at 29km/h.  Saved my licence, insurance and a $2,000 fine!

When charged with stunt driving, the police officer issues a summons requiring you to appear in court.

You or your lawyer must attend the hearing, as failing to do so could result in the judge issuing a warrant for your arrest or convicting you in your absence.

The court process begins the court date listed on the ticket called the “First Appearance Date,” which is an administrative hearing, not a trial. If you are truly interested in winning your case, you should not appear on this date, but instead have your lawyer appear for you.

Where the charging document is not “proper before the court”  (has errors or missing information) and your lawyer appears on your behalf, the charge may be dropped on a technicality. However, if the driver appears in person, the court will note your presence, which can nullify the technicality, even allowing the officer to fix or reissue the ticket.

On the First Appearance Date, the prosecutor will provide the disclosure (officer’s notes) describing the allegation. It is crucial to carefully review this disclosure with someone who understands what the court requires for a conviction and who can help you assess your legal options.

We strongly advise caution dealing with the provincial prosecutor.  You should know for anyone considering self-representation, there is no duty counsel or legal aid available in traffic court. Without a legal background, you are at a significant disadvantage against an experienced prosecutor and police officer. Any reduced charge or plea bargain offered should be approached with extreme caution.

• Avoid appearing in person on the set date—having a legal representative appear in your place is strongly advised.
• Be very cautious about placing your trust in a prosecutor whose job is to secure a conviction.
  • Their role can significantly impact your right to drive and your livelihood. A lawyer can identify errors, challenge the evidence, and navigate the legal complexities to improve your case outcome.
  • The prosecution is under no obligation to advise you that there is a problem with the officers investigation, they cannot prove the case, there is a legal technicality or whether or not an officer will appear for court.

Following the initial appearance, the case usually proceeds to a “to be spoken to” date, where your lawyer may arrange a pre-trial or set a trial date.  In a pre-trial hearing the lawyer can review your case, point out any issues or explain why based upon your background and driving record your charge should be dropped or reduced to a minor traffic ticket.

On the trial date, the police officer must testify, proving the charge beyond a reasonable doubt. If they fail to do so, the charge may be dismissed. Your lawyer’s cross-examination can reveal inconsistencies or legal technicalities that could lead to a dismissal.

Ultimately, the judge will make a decision based on the evidence presented. If there’s any doubt, the judge must rule in favor of the accused. If convicted, the prosecution will recommend penalties, such as a license suspension, and your lawyer will argue for a reduced sentence.

A conviction for stunt driving can have severe repercussions on your insurance rates.

Insurance companies may view traffic tickets in 2 categories, minor and major.  Stunt driving is a major violation and in the same category as fail to remain accidents and careless driving.

Insurance companies view stunt driving as a high-risk behaviour, which means that if you are convicted, your insurance premiums could increase dramatically, or your policy could be canceled, considered a high risk driver or placed in facility insurance rates. Here’s what you need to know:

• Insurance Abstracts: In Ontario, your driving record, known as an “Abstract”. Your driving abstract reflects your history of traffic tickets, demerit points and criminal driving convictions over the previous three years. Insurance companies typically review this record upon renewal and adjust your rates accordingly.
• High-Risk Insurance Rates: If convicted of stunt driving, you may be placed in a “high-risk” category by insurers, leading to significantly higher premiums.
• Impact of Licence Suspensions: A mandatory licence suspension following a stunt driving conviction will further impact your insurance rates, as it reflects a serious offence on your record.

Our skilled and reputable stunt driving lawyers often have established professional relationships with the court and prosecution office. Much like in criminal cases, our legal representatives can communicate directly with the prosecutor to review your case and negotiate a withdrawal or a reduction of the charge to a minor offence. This could help you avoid a license suspension and prevent the negative impact on your insurance.

In every charge of stunt driving, the police will apply to the Ministry of Transportation for a copy of your driving record.

The driving record will be a factor to determine the course of action by the prosecution office.  Where the driver has a clean driving record, the prosecution is more open to reviewing the charge, and considering resolutions reducing the severity and/or penalties of the charges.

Where the driver has convictions for bad driving, the prosecution will not take lightly to the charge, seeking to convict the driver and possibly asking for a licence suspension.  The prosecution will believe that the driver is a danger to other drivers, and seek to fully enforce the law and its penalties.

Again, a lawyer appearing before the court, maybe able to have any bad driving record excluded, or seek to mitigate the prosecutors opinion speaking on your behalf.

Where the defendant has a previous conviction for stunt driving, a lawyer is again highly recommended as the prosecution and judge will be considering jail up to 6 months as a escalating penalty.

In addition to the driving record the prosecution may consider the character of the defendant in any reduced charges.

The prosecution may look at the background of the driver.  Was this an isolated incident, what is the drivers status in the community, are a good person who contributes to society by volunteering, do they have a criminal record, are they employed and do they need to drive.

It can be a good idea to start collecting letters of reference and good character about you that can be shared with the Provincial Prosecutor during a pretrial.

Letters can be collected from friends, other family members, neighbours, employers, or other community organizations that you may be involved in. If you are not involved in any community volunteer organizations, it maybe a good idea to start getting involved right away.

It is often looked upon very favourably in court if your lawyer can tell the crown and the judge that you do community service work, and this could even be applied towards the resolution of your case.

Depending on the seriousness of the stunt driving, reduced charges could be,

• have your charges withdrawn
• charges reduced to a minor traffic ticket e.g. speeding under 50km/h,
• reduced penalty, with no licence suspension or jail

Call us today for more information about defending your stunt driving charge and how we can win for you.

★★★★★ Nick and his team were great, my stunt driving charge was dismissed on a legal technicality that I had never heard of.  His team went out of their way to keep me updated all the way, and were very professional with their communication and defence strategy.  Thank you for everything. James S. Toronto 

In court either traffic court or criminal court experience counts. Knowing the law, the application of it, the people involved, the officers, crown attorney’s and judges is important to the ultimate results any court hearing.

As well the court and prosecution offices quickly know who the lawyers are that fight for their clients,  can will cases, and are strong trial advocates.  As the lawyers of Charitsis law are known as some best lawyers in Ontario, this goest to your advantage to win your case.

Different court prosecutors and courts are more open minded to resolutions and withdrawals than others, and our legal team have years of experience of helping people charged with stunt driving throughout Ontario.

As your defence lawyers our job is to show the court that the incident:

• did not happen,
  • and the charge should be dropped, or
  • the officer and court are unable to prove the charge
• was an isolated incident
  • that it was totally out of character for the accused, and
  • that the situation will not repeat itself, and
  • have the charges dropped/reduced

Where you have been charged, call our offices to speak to a stunt driving lawyer with the experience in motor vehicle law to win your case.