Markham Stunt Driving Ticket
Getting a stunt driving charge is quite a serious offence in Canada. Performing a stunt may cost you a lot of money, driver’s licence suspension, jail and, in the end, will influence your insurance rates.
Once you’ve got a summons to court for stunt driving under section 172(1) of the Highway Traffic Act in Ontario, you have to know all the details.
Let’s take a look at them!
What is Stunt Driving
The HTA states that no one is allowed to drive a motor vehicle on a highway in a manner of contest or race, while making stunts or on a bet.
Any of the following driving acts can constitute a stunt – which is essentially a departure from normal operation of a motor vehicle on the highway:
- Speeding 40km/h or more over the posted speed limit if the limit is less than 80km/h;
- Speeding 50km/h or more over the posted speed limit if the limit is 80km/h or more;
- Driving a car at a rate of speed that is a marked departure of the speed limit. “marked departure from the lawful rate of speed” means a rate of speed that may limit the driver’s ability to prudently adjust to changing circumstances on the highway.
- Attempting to turn left at an intersection before the opposite direction traffic had an opportunity to pass first and safe;
- Racing by distancing yourself from another vehicle or vehicles with rapid acceleration;
- Driving a motor vehicle without due care or attention to other motorists on the highway just as stated in Careless Driving Charge;
- Pulling sleds, carrying persons in the cab of the pick-up truck or regular trunk;
- Passing one or more vehicles at the rate of speed exceeding the speed limit;
- Driving a motor vehicle while sitting not in the driver’s seat;
- Chasing another vehicle;
- Trying to step out of the motor vehicle by letting go of the steering wheel or standing on the motor bicycle;
- Any type of wheel burn out, doughnuts or popping a wheelie on the motorcycle.
Basically, anyone who exceeds the speed limit by more than 50km/h can get a traffic ticket for stunt driving.
Is stunt driving a criminal offence? – NO, it’s not. But, penalties for performing a stunt are severe.
Penalties for Stunt Driving in Markham
Acc. to the Highway Traffic Act stunt driving charges may include:
- 6 demerit points;
- jail up to 6 months;
- immediate motor vehicle impoundment for 14 days;
- fines can range between $2,000 to $10,000 plus 25% victim surcharge for the first time;
- immediate licence suspensions for 30 days;
- driver’s licence suspension upon conviction: stunt driving first offence: from 1 to 3 years; subsequent conviction: for up to 10 years; third offence and more: lifetime suspension.
Failing to pay your fine resulting from stunt driving will get your driver’s licence suspended automatically.
Having a record for performing a stunt on the highway will impede your ability to get insurance in the future prompting you to pay high-risk insurance companies that charge at least 300% more per month for at least 3 – 6 years!
What To Do If You’ve Been Charged With Stunt Driving In Markham?
- Immediately after getting an invitation to court for stunt driving stop using your vehicle under any circumstances.
- Before going to court prepare proof that your driver’s licence has been reinstated (if possible). This will give a chance to resolve your case to a speeding offence.
- Try to recover your motor vehicle as soon as possible to avoid expensive towing and storage fees and possible charges for driving while under suspension.
- Appear in court in person or you may hire a professional stunt driving lawyer, who can appear on behalf of you, and fight your traffic ticket.
*Bear in mind that insurance companies do not provide coverage to motorists who knowingly decide to drive a motor vehicle while under suspension. Reinstating your driver’s licence prior to getting behind the steering wheel is essential even if you had to drive for work the next day.
Important: if you have even one conviction for stunt driving, it won’t disappear from your driving record after 3 years, it’ll stay with you forever. Hence, in subsequent offences, it’ll lead to higher fines and more serious punishment.
At the same time, if you already have a record, it can seriously hinder your ability to apply for jobs in governmental institutions (where perfect driving history is a must) in the future.
How to Beat Stunt Driving Charge in Markham?
There is no universal strategy how to fight stunt driving in Markham. But anyway, if you’ve got this traffic ticket, there are 3 options for you:
- Plead guilty and pay the ticket (not advisable).
- Fight your ticket alone.
- Get legal advice and hire a stunt driving lawyer or paralegal, who will prepare an effective strategy and all documents for your best defence.
If you chose to fight your stunt driving charge alone, here is a brief guide:
- In case if you don’t have legal representation, be ready to show to a prosecutor that your licence has already been reinstated for plea negotiations.
- Prepare all necessary documents or letters with relevant information to your case. Usually, it takes between 1 to 3 court visits to complete the procedure.
- You must appear in court on a specified date and ask for a trial.
- At trial date the police officer will attend and present their evidence to the court.
- Before trial, prepare questions for the police officer and other witnesses, related to your charges for stunt driving. Questions must be asked in such a way so that you get answers, which prove that the situation was different than the police officer’s version.
When it comes to fighting stunt driving charge make sure to make research about previously resolved cases. This can help to understand under what evidence and arguments the court makes a decision.
The whole process is quite stressful and requires a cold mind and good strategy. Any wrong (even small) step, in the beginning, can lead to conviction or can have a poorer outcome than it could be.
Thus, the best strategy, in this case, is to consult with a knowledgeable paralegal and get legal advice.
X-COPS are dealing with such cases almost every day, so we’re ready to provide you with the best possible result. Just make a call today!