About your ticket: You have been given a “Summons” whose sole job is to get you in front of a judge. The actual charging document is something the officer must remember to type up on a yellow 8″x10″ piece of paper called “The Information”.
This is what a Summons issued by the officer at the roadside looks like:
The officer must also remember to have a judge sign this AND the back of the Summons “confirming” that you have been properly given (or served) the Summons.
If he/she has failed or made an error in any of these additional steps, then it is plausible for your charge to stall and never got off the ground.
That is why it is very important that we attend for you on the first court date. Once we have viewed this document at court and are satisfied that all is in order then the process can continue. Your case will then likely be put over (adjourned) for about 4-6 weeks time. (“To be spoken to” only – not a trial date).
The prosecution should provide us with a package of documents called “Disclosure”. This usually consists of a copy of the officer’s memo book about what happened and how they intend to prove that you committed this offence.
Failure to produce this disclosure in a timely fashion is often a basis for winning your case.
** IMPORTANT ** If your driver’s license is or was a “G2″ (Novice Driver) on the day you got this ticket then your license will be suspended by the Ministry of Transportation (MTO) for 30 days if you accumulate 4 demerit points at once. (From the day of conviction). In other words: Even if you manage to get a reduction from 6 points down to 4 points and avoid a conviction for Stunt Driving, if your license was G2 on the offence date, the MTO will suspend your license for 30 days as a result of the 4 points – from the day of the conviction at court.
Should you wish to have a trial instead of resolving to a lesser offence, or should the prosecution not be willing to discuss or negotiate a resolution, then we will set a date for trial.
Stunt Driving Law
Ontario cracked down on street racers and aggressive drivers with the 2007 law, Bill 203, which hikes fines as high as $10,000 for drivers caught going 50 km/h or more over the speed limit.
The law also allows police to suspend an offender’s driver’s licence and impound their vehicle for a week. And it packs the threat of jail time — a maximum six months.
Furthermore, your insurance premiums will skyrocket up to a whopping 100% rate increase for the next three years, that is, if any insurance company will accept you and for insurance after having a conviction for stunt driving and/or racing.
In addition to the immediate seven-day suspension of your driver’s license, if convicted of street racing and/or stunt driving a second time your license could be suspended for up to a maximum of 10 years.
We offer you a free consultation to let you know exactly where you stand with this and what to expect next!