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New Stunt Driving Laws in Ontario – Lesson 7 – 30-Day Suspension
------ CONTENTS OF THIS VIDEO -----
0:00 - Introduction
0:43 - how does the law “see” your Stunt Driving charge
1:17 - Common question about stunt – 30-day suspension
1:59 - How can I pickup my car?
2:28 - What happens if I have to drive before the 30 days?
3:09 - Does the suspension stay on my record?
3:45 - Get Free Legal Advice
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✅ Take our Ontario Stunt Driving Penalty Test
https://stunt.nextlaw.ca
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✅ Book a free, confidential call with Jon Cohen
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This article directly addresses 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.
My firm, NextLaw.ca, 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 the most common instances of confusion clients experience when they are charged at the roadside with Stunt Driving
First, you should understand how the law “views” your Stunt Driving charge
While most of you may not like what I’m about to say, understand that it is not coming from me. Rather 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.
The most common question about Stunt – “I have a 30-day suspension. What can I do now?”
It’s finally arrived. As of September 11, 2021, the 30-day license suspension at roadside from Stunt Driving charges has now been implemented across Ontario. The new Stunt laws came into effect on July 1, 2021, but the implementation of the new 30-day suspension took a while. Prior to September 11, the suspension was limited to 7-days. The new increase poses a lot logistical frustrations for drivers charged with Stunt Driving.
My car is impounded for 14 days, but I am suspended for 30 days. How can I pick it up?
This is a good question, with no easy answer. The suspension is 2 weeks longer than the impound, which means even when your car is ready to be picked up, you cannot drive it home. You will need a friend or family-member to help take your car out of impound. Otherwise, you risk the additional fees of 2 weeks, while you wait to get your license back. And this could cost thousands more in tow-yard fees.
What happens if I have to drive before the 30-day suspension is over?
The penalties for driving while you are suspended are incredibly high. If caught, you will get charged with “driving while suspende” under section 53(1) of the Highway Traffic Act. This charge carries a minimum of $1,000 fine, a mandatory, automatic 6-month further suspension upon conviction, up to 6 months in jail and possible probation. Bottom line – it is not worth it. Even the costs of a month of UBER or LYFT will not come close to denting the penalties of Drive While Suspended.
Does this 30-day suspension stay on my driving record?
Yes, but it is deemed an “administrative suspension”, which means that it generally does not impact insurance. Insurance companies penalize you for convictions. The administrative suspension does not indicate a conviction.
Do I have to pay to get my license back after 30 days?
The current answer is “no”, as this is an administrative suspension. Call Service Ontario closer to the end of your suspension and they will walk you through next steps to get back your license. There is no current charge and it will be reinstated.
So what now? I lose my license for another 1-3 years?
Absolutely not! Just because you have been charged with Stunt Driving, it does not mean that you will be convicted of Stunt Driving. 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 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?
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