Beat Stunt Driving Charge: 10 Secrets Ontario Legal Reps Won't Tell

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In this video, I will reveal 10 proven strategies that could get your stunt driving charge in Ontario dismissed or reduced. Even if you think you're guilty, these legal tactics might save you from severe penalties. I’m Jon Cohen, Partner at Nextlaw.

What are these strategies? Let's get started

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First, what exactly is stunt driving in Ontario? According to Section 172 of the Ontario Highway Traffic Act, it includes driving 40 km/h or more over the speed limit where the limit is less than 80 km/h, or 50 km/h over where it's 80 km/h or higher. It also covers racing, performing stunts like drifting, and even driving with someone in the trunk.

Now, why should you care about beating this charge? Because the penalties are harsh. We're talking about immediate license suspension, vehicle impoundment, hefty fines up to $10,000, and even jail time.

So, what's the first strategy to beat a stunt driving charge? It's all about challenging the evidence. This means questioning the accuracy of speed measurement devices. In a recent Toronto case, a driver beat the charge by challenging the reliability of the automated speed camera. When cross-examined, the prosecution couldn't prove the camera's accuracy, and the charge was dismissed.
But what if the evidence seems solid? That's where our second strategy comes in: proving necessity or duress. If you were rushing someone to the hospital in an emergency, you might argue that exceeding the speed limit was necessary to save a life.

Now, you might be wondering, "What if it's the officer's word against mine?" That leads us to strategy number three: disputing the officer's observations. Poor weather conditions or limited visibility could cast doubt on their ability to accurately assess the situation.

But what if you were accused of racing or performing stunts? Strategy four is arguing lack of intent. Maybe you were just accelerating to merge onto a highway, with no intention of racing.

Now, here's something most people don't know. Strategy five involves Charter Rights violations. If your rights under the Canadian Charter of Rights and Freedoms were violated during the stop or arrest, you might be able to have the evidence excluded.

What if none of these strategies seem to fit your case? Don't worry, we're only halfway through. Strategy six is negotiating a plea bargain. While not technically "beating" the charge, it can result in reduced penalties or a lesser charge.

Strategy seven might surprise you. It's about challenging the jurisdiction. In some cases, you might be able to argue that the court lacks the power to hear your case.

For strategy eight, we have the defense of due diligence. This involves showing you took all reasonable precautions to avoid committing the offense. For example, you might argue you were relying on a recently calibrated speedometer.

Strategy nine focuses on technical errors in the charge. Sometimes, stunt driving charges can be dismissed due to errors in the paperwork, like an incorrect date or location on the ticket.
Finally, strategy ten, and perhaps the most proven way to beat a stunt driving charge: hire an experienced lawyer. They can identify weaknesses in the prosecution's case, negotiate with prosecutors, and present compelling arguments in court.

Remember, beating a stunt driving charge in Ontario is challenging, but not impossible. Each case is unique, and the best defense strategy depends on your specific situation.

If you've been charged with stunt driving in Ontario and want to know more about these strategies before you go to court, let's book a meeting to discuss the facts of your case. With the right approach and legal representation, you can potentially beat a stunt driving charge and avoid the severe consequences that come with a conviction.