Monday, February 16, 2015

What is Stunt Driving/Racing really and what if I am charged?

As cars and trucks become quite and more powerful one must be careful about the speed they travel on our highways and roads. When a client comes to me charge under section 172, 8 times out of 10 they cannot believe they were actually traveling the speed the officer states. However in most cases they are traveling the speed claimed. Since introducing Stunt Driving/Racing in 2007 drivers have faced serious penalties and have had life changing events once convicted. If an officer believes you are traveling at a rate of speed greater than 50km per hour than the posted speed you can be charged with Stunt Driving / Racing. At the road side the officer can act as judge, jury and executioner leading to an automatic 7 day driver licence suspension and a 7 day vehicle impound. Even before you get to court you will have to pay a licence reinstatement fee of $150 and the impounding/towing costs. I will not matter if you are found not guilty; you will not be reimbursed for any expenses. Most importantly, your record will register a licence suspension and impoundment of your vehicle. If you are convicted of this charge the penalties can be extremely significant. A fine between $2000 and $10,000, 6 demerit points against your licence, a possible jail term of not more than 6 months and a driver’s licence suspension up to 2 years. Most important is you may lose your job if you require your driver’s licence for work. Even though the only person that can tell you about an insurance rate increase are your agent or broker, it would be remiss not to mention being the spirit of the law is safety, your insurance most likely will be affected greatly and your insurance company may choose not wish to insure you. If you are charged under this section of the Highway Traffic Act you should never plead guilty to this charge until you receive disclosure. Disclosure is the evidence that would be used against you if the matter goes to trial. Most people do not know what to look for in the disclosure which is why it is always advisable to seek legal counsel. A experienced paralegal or lawyer will automatically know exactly what to look for to make sure all the elements that are necessary to convict you are present and be able to advise you. Most important the paralegal or lawyer can negotiate with the prosecutor to help you minimize the effect of a guilty plea. This charge is not a simple speeding charge it can change your life in ways you never imagined. At Rybowski Legal we handle our share of this charge as well as other charges under the Highway Traffic Act. In most cases we can get a reduced charge which will reduce the personal and financial cost to you. However the best is not to speed. Call for your free consultation.

Posted at 11:45 AM