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New Stunt Driving Laws in Ontario – Lesson 3 – Radar Device

------ CONTENTS OF THIS VIDEO -----
0:00 - Introduction
0:36 - how does the law “see” your Stunt Driving charge
1:10 - Common argument for Stunt – the Radar
2:18 - How can I see the radar reading?
2:56 - Will I lose my license for 1-3 years?
3:55 - Get Free Legal Advice
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https://stunt.nextlaw.ca
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This video about the new stunt driving laws in Ontario – The MOMS Act (Moving Ontarians More Safely) act will focus more on what “NOT” to do in court, rather than the court process itself.
NextLaw defends over 500 clients each year with Stunt Driving charges in Ontario, which means we do more than double that in phone calls. So I have compiled this series of “reasons” that people give for their Stunt Driving charges, in hopes of mounting a defence.

Let’s start by understand how the law “sees” your Stunt Driving charge in Ontario

While most of you may not like hearing the next statement, it is not coming from me. It is coming from the “way” in which the Province of Ontario, the Prosecutor, the actual “law” views your Stunt Driving charge. Put simply, the Province only needs to prove that you were above the speed limit of 40km/h (on a road less than 80km/h limit) or a speed limit of 50km/h (on a road 80km/h or more posted speed limit). That’s it. It’s that simple.

Common argument against Stunt – “The officer never showed me the radar…”

Often, client on the phone will ask if they can get the charge withdrawn because the officer never showed them the radar. They don’t “believe” that the speed is correct, and they did not get proof from the officer when they were charged. And, as a result, there must be something wrong with the charges.

Don’t hate me for the next paragraph…

The officer does not have to show you the radar at the roadside. Yes, you heard correctly. They are not obligated to show you the radar and debate the charge with you at the roadside. They are empowered to rely on the radar and subsequently issue you a Stunt Driving charge. This leads you to an immediate 7 or 30-day license suspension, and a 14-day impound of your vehicle.
There is no way I was going the speed that is on my ticket

Being charged at the roadside is stressful and can be confusing. But it is not the time to debate your speed or ticket. The law has already given the officer the power to charge you, and you will have an opportunity to argue the charge in court, not at the roadside.

So how can I see the radar reading?

The officer is required, by law, to provide “disclosure” or the evidence, to the court, prior to your court appearance (or within a reasonable time). This evidence will contain all of the information that will clarify the radar. It usually contains the radar reading, the radar calibration, the details of the roadside experience, and more.

This is the venue for debating the speed, getting clarity into the charge, and understanding all of the finer details. This information is critical, because if there is a major error, there is a possibility of getting the charge withdrawn.

So that’s it? There’s nothing I can do at the time of the charge?

This is the venue for debating the speed, getting clarity into the charge, and understanding all of the finer details. This information is critical, because if there is a major error, there is a possibility of getting the charge withdrawn.

Remember, The charge is just the beginning of the legal process. Yes, it is a devastating start, because now you have a 14-day car impound and a 7-day (soon to be 30-day) license suspension at the roadside before you even get to your court date.

Now it’s time to get some legal advice and proceed carefully. While Stunt Driving may seem like a “traffic” charge that many people may not take seriously, think more about how you would function if your license was suspended and you could not drive for a minimum of 1-year? You run the real risk of:

losing your job
not being able to get to job interviews
not able to take care of your family
Not being able to use a car for emergencies
1000 other reasons
That’s how serious this charge can be if not dealt with properly…

A proper law firm (that specializes in Stunt Driving) may have a strategy and legal course of action that could prevent this license suspension. And best of all, this call is free.
You can scroll down below and book a free meeting with Dan Joffe or myself, Jon Cohen. There is no obligation, but the call could change everything.