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Stunt Driving and Racing

Stunt Driving

A conviction for Stunt Driving or Racing has both serious personal and financial consequences.

Stunt Driving and Racing

Stunt Driving and Racing are very serious offences and can have very serious consequences if you are convicted. Unlike Dangerous Driving or Impaired Driving which are criminal offences, stunt driving is an offence under section 172 of the Highway Traffic Act. However, even as a traffic offence, Stunt Driving and Racing carry some significant penalties, including a minimum $2,000 fine. The substantial fines and potential for a driver’s licence suspension means that it is essential you retain legal representation to assist you resolve the charge against you.

What is Stunt Driving and Racing?

Section 172 of the Highway Traffic Act simply prohibits Stunt Driving and Racing. The definitions for Stunt Driving and Racing can be found under the Highway Traffic Act Regulations, specifically Ontario Regulation 455/07.

Stunt Driving can include any of the following acts;

  • Driving a motor vehicle 50km/h over the posted speed limit.
  • Driving a vehicle with an intention to lift some or all of the tires from the surface of the road. (For those driving a motorcycle, lifting either your front or back tire off the surface of the road is considered stunt driving.)
  • Driving a motor vehicle with the intention to cause one or more of the tires to lose traction with the surface of the road. (This could include squealing your tires from a stopped position.)
  • Driving a vehicle with the intention of preventing another vehicle from passing you. (For example, a vehicle pulls into another lane to pass you and you speed up to prevent the vehicle from passing you.)
  • Driving a vehicle with the intention to spin the vehicle without maintaining control of it.
  • Driving a motor vehicle while there is a person in the trunk.
  • Driving a vehicle while not sitting in the driver’s seat. (This would include a passenger momentarily taking control of the steering wheel for the driver.)

These are just some of the examples of Stunt Driving as defined by the Regulations under the Highway Traffic Act. For a complete definition of Stunt Driving, following the link.

Racing is defined as;

  1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.
  2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.
  3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
    • driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,
    • outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or
    • repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed.

Penalties for Stunt Driving and Racing

Simply being charged with Stunt Driving or Racing has significant consequences. If you are charged, you will be required to surrender your driver’s licence and it will be suspended automatically for 7 days. Your motor vehicle will also be towed and impounded for a period of 7 days. You will also have to pay the fee for having your vehicle impounded for 7 days.

Upon conviction for Stunt Driving or Racing, you are subject to a minimum fine of $2,000 and it could be as high as $10,000. You are also subject to a jail sentence of up to 6 months. Your driver’s licence may also be suspended for up to 2 years for a first conviction, and up to 10 years for any subsequent conviction occurring within 10 years of your first conviction.

Additional Consequences if Convicted of Stunt Driving or Racing

In addition to the penalties listed under the Highway Traffic Act, a conviction will also result in a significant increase in insurance costs. If your licence is suspended you will also have to deal with not being able to drive for a period of time. A driver’s licence suspension can have a significant impact on your personal life, as well as your employment. In addition, you will also have to pay a $150 administrative fee to have your driver’s licence reinstated.

Defending Charges of Stunt Driving and Racing

What defences may be available to you on charges of Stunt Driving or Racing will depend upon the facts of your case. For example, if you are charged with driving 50km/h or more over the speed limit, the fact that you did not realize you were going that fast or that you did not intend to drive that fast is not a defence. In these circumstances, a defence that may be available to you is the accuracy and reliability of the radar equipment.

For other forms of Stunt Driving, such as losing traction, causing the vehicle to spin, or causing one or more tires to be lifted from the surface of the road, your intention at the time you committed this act could provide you with a defence. In these cases, the surrounding circumstances (weather conditions, road conditions, location or road you were driving on) could have a significant impact on whether a defence is available to you.

A knowledgeable and experienced lawyer will be in the best position to advise you of any defences available to you and defend you against your charges.

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Stunt Driving and Racing are serious charges and a conviction will have significant financial and personal consequences. Make sure your rights and interests are represented. Contact me today if you have been charged with Stunt Driving or Racing. Arrange a free consultation now.

Also read about Dangerous Driving and Careless Driving.

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Dangerous Driving, Street Racing and Licence Suspensions

dangerous drivingDangerous driving, unlike other less serious traffic offences, is a very serious offence that can result in a penalty much worse than a small fine. A conviction for dangerous driving will result in your driver’s licence being suspended and in some circumstances you could receive a jail sentence. Do not put yourself in the situation where you are trying to defend a dangerous driving charge on your own.

What Is Dangerous Driving?

The first thing you need to know is that dangerous driving is a criminal offence, unlike many other traffic offences which are provincial offences. Dangerous driving can be found under section 249 of the Criminal Code of Canada. The definition of dangerous driving is worded very broadly, which can allow the police to charge someone with dangerous driving in many different scenarios.

To be convicted of dangerous driving, the Crown Attorney must prove beyond a reasonable doubt that you operated a motor vehicle in a way that was dangerous to the public. Whether you drove in a way that was dangerous to the public is determined by considering all of the circumstances, including;

  • The nature, condition and use of the roads where you were driving.
  • The amount of traffic at the time you were driving or the amount of traffic that could reasonably be expected at that time.

What is important here is the manner in which you drive your vehicle and not any actually consequences of the way you drove your vehicle. This means that the Crown Attorney does need to specifically prove that you endangered the safety or the life of another individual. The Crown Attorney only needs to prove that you drove your vehicle in a way that was dangerous to the public or in a way that was dangerous to the public that could have reasonably have been expected to be in the vicinity at the time.

The Crown Attorney also does need to prove that you specifically intended to drive dangerously. The way in which you drove your vehicle will be compared with the way in which a reasonably prudent driving would have driven in the same circumstances. To be convicted of dangerous driving, the Crown Attorney needs to prove that your driving was a “marked departure” from the reasonably prudent person. A “marked departure” means that the departure from the reasonably prudent driver must be more than a minor or insignificant departure.

Examples of Dangerous Driving

You can be convicted of dangerous driving in circumstances where you knew or ought to have known that it was likely you would fall asleep while driving. Examples can include circumstances where you had not sleep for an extended period of time or where you took medication which can make you drowsy.

Aggressive driving can easily result in a dangerous driving charge. Aggressive driving can include passing another vehicle on the road in an unsafe manner, making unsafe lane changes , tailgating or following too closely, and ignoring traffic signs.

Our Courts have ruled that in some circumstances excessive speeding alone can constitute dangerous driving. The rate of speed will be a factor, however there are other factors that may be considered, such as the type of road you were driving on, your ability to maintain control of the vehicle, and your ability to slow down or stop your vehicle.

Dangerous Driving While Street Racing

Section 249.4 of the Criminal Code makes dangerous driving while street racing a criminal offence. While this offence requires the Crown Attorney to prove both that you were street racing and driving dangerously, the penalty is much greater if a person is injured. Where a person commits dangerous driving while street racing and causes the death of another individual, the maximum penalty is life in prison. In circumstances where bodily harm is caused, the maximum penalty is 14 years imprisonment.

What Is The Penalty For Dangerous Driving?

The penalties for dangerous driving are very serious. The potential future implications of a conviction for dangerous driving are equally as serious. A first time conviction for dangerous driving results in a mandatory 1 year licence suspension under the Highway Traffic Act. Section 259 of the Criminal Code also permits a judge to make an order suspending your licence for up to 3 years for a first offence where no one was injured. Upon conviction for dangerous driving, you may also be subject to a jail sentence of up to 5 years and subject to a fine.

Anytime a person is injured or killed, the penalty for dangerous driving increases significantly. The penalty for dangerous driving causing bodily harm has a maximum penalty of 10 years imprisonment, while dangerous driving causing death carries a maximum penalty 14 years in jail. Similarly, a longer licence suspension is possible under the Criminal Code where bodily harm or death occurs.

Personal And Financial Implications

A conviction for dangerous driving has similar personal and financial consequences as a conviction for drinking and driving. You can expect to pay higher insurance rates for several years if you are convicted of dangerous driving. If your job requires that you drive, a conviction could result in you losing your job. A conviction could also prevent you from getting hired in the future. There is also the potential embarrassment of having your family and friends know your licence has been suspended because you were convicted of dangerous driving.

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Being charged with dangerous driving is stressful enough. Leave it to a criminal defence lawyer to deal with your charge and get you the best possible result. Contact me immediately if you have been charged with dangerous driving or stunt driving. Arrange a free consultation today.

Read about Careless Driving and other Traffic Offences

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Careless Driving and Winter Weather

Careless driving occurs when a person drives a motor vehicle without due care and attention or without reasonable consideration for other person on the road, which includes pedestrians. In light of the recent snowfall and the failure of many drivers to account for the change in road conditions (including the driver that slid through a stop sign and nearly hit me this morning), I thought it might be appropriate to share a few comments on the offence of careless driving.

Difference between Careless Driving and Dangerous Driving

Careless driving is a provincial offence under the Ontario Highway Traffic Act while dangerous driving is a criminal offence under the Criminal Code of Canada. Dangerous driving occurs when a driver operates a motor vehicle in a way that is dangerous to the public. Careless driving does not require that a person operate a motor vehicle in a manner that is dangerous, only that he or she drives without due care and attention or in a way that is inconsiderate of other people using the road. Therefore, the existence of actual or potential danger to the public is not a relevant factor when determining whether someone is guilty of careless driving.

Shifting Standard of Care and Attention

A charge of careless driving implies that your actions while driving a motor vehicle fell below an acceptable standard. But what is an acceptable standard? It has been well established that an acceptable standard is not a fixed standard, but rather one that is constantly shifting. Factors that can determine what an acceptable standard is on a particular day include but are not limited to road conditions, weather, visibility, and traffic conditions. A trier of fact can also take into consideration any other conditions that an ordinary prudent driver would take into consideration while driving in the same set of circumstances.

This means that when it is snowing, or even when it is reasonable to expect the roads may be icy, if you do not adjust for the changing road conditions you can find yourself charged with careless driving. For example, if you caused an accident by driving into the back of another vehicle in conditions were it was snowing or the roads were icy, you could be charged with careless driving notwithstanding that you were not speeding. When it is snowing or the roads are icy;

  • You have to slow down.
  • You have to leave extra space between you and the car ahead of you.
  • You have to make sure you have proper working windshield wipers.
  • You have to make sure your view is not obstructed by snow or ice on any of your windows.

Failing to do any one of these actions could result in an accident and, depending upon all the circumstances,  it may also result in you being charged with careless driving. While you do not need to cause an accident to be charged with careless driving, many charges for careless driving are laid in circumstances where there was a motor vehicle accident. A conviction for careless driving can result in a fine from $400 to $2,000 and your licence could be suspended for a period of up to two years. A conviction for careless driving can also significantly increase your insurance rates. You can also receive a jail sentence of up to six months for careless driving, however a jail sentence is only  likely where you have prior convictions for careless driving and there are aggravating circumstances that would warrant a jail sentence.

You should also be aware that the skills and driving experience of a person charged with careless driving are not factors that are taken into account when determining whether that person has met the appropriate standard. Similarly, a person’s driving record is also not a factor used to determine whether that driver met an acceptable standard for care, attention and reasonable consideration.

Examples of Careless Driving

Although not all of the following examples are related to weather conditions and winter driving, they are nonetheless all examples of careless driving. Hopefully these examples will give you a better understanding of how careless driving can occur in a variety of circumstances.

  • While driving at night with snow and sleet, but under the speed limit, the driver was convicted for careless driving after hitting a pedestrian where there was known to be a higher level of pedestrian traffic.
  • Repeatedly revving a car engine and squealing car tires near pedestrians was determined to be careless driving.
  • Excessive speeding in circumstances where other motorists and pedestrians could reasonably be expected to be, could result in a conviction for careless driving.
  • Driving at a time when it is reasonable to anticipate you might faint or lose consciousness from a medical condition.
  • Making a u-turn on a highway.
  • Falling asleep while driving.
  • Attempting to overtake another vehicle without first determining whether the road ahead is clear and it is safe to pass.
  • Attempting to pass another vehicle near a school crosswalk.
  • Hitting a pedestrian at a crosswalk.
  • Having your car in a stopped or parked position on the wrong side of the road where it is likely to confuse other motorists.

Contact Me

Careless driving is a serious traffic offence that could result in a licence suspension. Contact me today if you have been charged with careless driving.

Follow the links for more information on dangerous driving or careless driving.

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Parking Fines and Driving Using a Cell Phone

Increase in Fines for Parking Tickets

Last week the City of Toronto increased fines for illegally parking during the morning and evening commute. If you receive a ticket for parking between the hours of 6am – 10am or 3pm – 7pm in a rush hour route, you will now receive a $150 fine. The previous fine for illegally parking in these routes during rush hour times was approximately $40 – $60.

At first glance a $150 fine might seem severe for a parking ticket however the amount of the fine in these circumstances is certainly not excessive. The purpose of increasing these parking fines is to discourage those few inconsiderate drivers who block our roads and frustrate all of us during our commute. Public Works chairman Denzil Minnan-Wong  defends the fine increase and was quoted as stating “Illegally parked and stopped vehicles significantly contribute to traffic congestion and are costing motorists money in travel delays, vehicle operating costs and accidents.”

While I support the increase in the fine for this particular parking infraction, it is not necessarily because I think it will discourage people from parking illegally during rush hour. I primarily support this fine increase because I believe the amount of the fine matches the blatant disregard for our traffic laws. The increase in the fine is also fair taking into account the inconvenience and traffic delays that are caused as a result drivers who are parking illegally, presumably for their own convenience.

The city of Toronto is also going to begin towing vehicles where drivers have 3 or more parking tickets that have remained unpaid for at least 120 days. While it is understandable that a person might overlook paying a single parking ticket, it is hard to have much sympathy for the driver who racks up numerous parking tickets and fails to pay off the fines associated with those tickets within a reasonable period of time.

The one initiative from the city of Toronto that does raise some concerns is that of fixing parking fines at a set amount, meaning that a Justice of the Peace will not have the authority to reduce the amount of a fine. Notwithstanding that the increase in parking fines is warranted in these circumstances, there may ultimately be mitigating circumstances in some cases where it would be reasonable for a Justice of the Peace to reduce the amount of the fine.

Increase the Fine for Driving While Using a Cell Phone

While on the topic of increasing fines for traffic offences, the Ontario Government may want to consider increasing the fine for driving while using a cell phone. Although there are many drivers who have switched to using a hands-free device, I continue to see drivers talking or texting while driving. I can’t tell you how many times I have been at an intersection with a green light waiting to go and some inconsiderate driver ahead of me is texting and has not realized the light has changed. I would also imagine that there are a significant number of accidents and near-accidents that are the result of drivers talking on their cell phones or texting.

Currently if you were to receive a ticket for using your phone while for driving, you can expect to receive a fine of approximately $155. Under the current Ontario Highway Traffic Act the maximum penalty you could receive is $500. Notwithstanding the introduction of a law prohibiting hand-held devices being used while driving, it would seem that a significant number of driver continue to use their cell phones while driving. For me, the same rationale applies for increasing the fines for using hand-held devices while driving as it does for the increase in fines for parking infractions. Barring some sort of emergency, the use of a cell phone while driving without hands-free capabilities is simply a disregard for the laws of this province. I am not sure what the reasoning behind using a cell phone while driving is, whether a driver feels his or her phone call or text message is more important than our traffic laws, or whether the driver simply doesn’t care. In either case, I would not take any issue with a fine starting at $300, and a higher fine for any subsequent conviction received within 3 years of the most recent conviction. It might also be worth considering whether a higher fine should be assessed in circumstances where the use of a cell phone while driving contributed to an accident.

Anytime a driver’s conduct increases the risk of an accident or endangers other motorists and pedestrians, even as a criminal defence lawyer I have no problem with that driver being subject to a higher penalty. It may also be that a $300 fine or more might discourage some driver’s from using their cell phone while driving.

The CAA provides a table of all provinces in Canada that have enacted laws regarding using cell phones while driving.

Contact Me

If you have a question about a traffic offence or if you have received a traffic ticket, call me or email today.

Read more about motor vehicle offences or hiring a lawyer for a traffic ticket.

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Why You Should Clean Snow and Ice Off Your Vehicle

The winter season is upon us and with it comes the snow, ice, sleet and all the other elements which make driving in the winter much more challenging. It is also during the winter season that we see the police issuing tickets for Highway Traffic Act offences that we wouldn’t normally expect to receive any other time of the year. There may even be some of you who are committing traffic offences without realizing it. Avoid the aggravation and potential expense of a traffic ticket and help promote safe winter driving by following the rules of the road outlined below.

Clean the Snow and Ice Off Your Vehicle

Clean off your car properly! Yes even the snow on the roof of your vehicle. Under the section 74 of the Ontario Highway Traffic Act it is an offence to drive a motor vehicle where the driver does not have a clear view from the windshield, the driver side window, the front passenger side window, or the rear window. While this section does not define what a clear view is, it certainly requires more than scraping the minimal amount of ice off your front windshield so you can see ahead of you.

Although it is not an offence to fail to clean snow and ice off the roof or hood or your vehicle, failing to do so does create a safety risk to you and other motorists on the road. The fact that you are running late for work, you simply don’t have time or you can’t be bothered to clean off your vehicle are not reasonable excuses. With the exception of maybe something such as a medical emergency, it is actually hard to think of a reasonable excuse that would justify you not spending the extra few minutes to clean off your vehicle properly. The bottom line is that whether you are trying to get to work on time, your kids are late for school or whatever the reason may be, it simply cannot be more important than the safety of others on the road.

As a motorist I would support a law being introduced that would require motorists to clean off the hood and roof of their motor vehicle. Many of the states in America already have laws in place that make it illegal to drive a vehicle that has not been properly cleared off, including New Jersey, Pennsylvania, Connecticut and Massachusetts.

If you were to take the time to review the hundreds of provisions in the Highway Traffic Act, it is actually hard to understand how there is not a law dealing with this issue. For example, we still have a provision requiring any one travelling on a highway with a sleigh or sled pulled by horse to have at least 2 sleigh bells attached. If you don’t believe me have a look at section 77 of the Highway Traffic Act. The maximum fine for this offence is $5. We still have this law, but yet we can’t enact a law requiring motorists to clear snow and ice off their vehicle. Take a look at the following video and decide for yourself whether you think we should have a law that requires all motorists to clean the snow and ice off their vehicles prior to driving.

Windshield Wipers and Mirrors

A related provision in Highway Traffic Act is section 66 which deals with windshield wipers and mirrors. Your vehicle must be equipped with mirrors that provide the driver with a clear view of the roadway behind the driver as well as front windshield wipers that can be controlled from the driver’s seat. While failing clear off side mirrors or using defective windshield wipers is not an offence under the Highway Traffic Act, you can still leave yourself vulnerable to civil liability. Some examples that have attracted liability include; a windshield obscured by frozen windshield washer fluid, using a defective windshield wiper blade, a windshield covered in frost, and driving with a dirty windshield.

Make Sure Your Licence Plate is Visible

Snow, ice, dirt and salt can all contribute to making the exteriors of our vehicles much more dirty in the winter months than they would otherwise normally get. Pursuant to section 13(2) of the Highway Traffic Act a licence plate must be kept free from dirt and not obstructed by any other object. Avoid getting an unnecessary traffic ticket and make sure both your front and rear licence plates are clean and the numbers are visible.

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We all need to contribute to making our roads a safer place, particularly in the winter when weather conditions can make driving more challenging. However, if you have been charge with an offence under the Highway Traffic Act, contact me today.

Read more about motor vehicle offences.

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It’s Only a Traffic Ticket, Do I Really Need a Lawyer?

Although traffic tickets are often considered less serious offences, particularly in relation to criminal charges, this shouldn’t impact your decision to retain a lawyer to represent you. Traffic offences are still dealt with in a court of law, before a Justice of the Peace and prosecuted by a city or provincial prosecutor. Before you decide to plead guilty or represent yourself, consider the possible implications a conviction for a motor vehicle offence could have on you, and then consider all the services a lawyer such as myself can provide you to ensure you receive the best possible result.

When you retain a lawyer to represent you on a motor vehicle offence, a lawyer can provide with a number of services. Specifically, a lawyer can provide the following services;

  • Advise you on the strengths and weaknesses of your case.
  • Advise you on the law with respect to the offence or offences for which you have been charged.
  • Advise you of the financial and personal implications a conviction can have in certain circumstances.
  • Advise you of whether efforts should be made to resolve your matter or if it is likely headed for trial conduct pre-trial discussions with the prosecutor to resolve your matter.
  • Obtain and review disclosure and advise you with respect to the disclosure.
  • Make submissions to the court on your behalf.
  • Prepare you for trial.
  • Attend court on your behalf so you don’t have to.

Before you decide to just the pay fine and forego your right to have a trial and hold the Prosecutor to the burden of proof, consider the following piece of advice. This is advice that I received from an experienced lawyer prior to becoming a lawyer myself and it applies not only to criminal offences, but also to motor vehicle offences. The advice is this; you should never plead guilty unless three factors are present. First, there must be a factual basis for pleading guilty. Second, the Crown Attorney or Provincial Prosecutor must be able to prove their case. Third, you should receive some consideration for entering a guilty plea and giving up your right to have a trial and avoiding the State the expense of having to conduct a trial and prove its case.

A lawyer with experience dealing with motor vehicle offences will be in a position to advise you whether the Prosecutor will have problems proving your case and advocating for a resolution that may include a plea to a lesser offence.

When you are considering whether to hire a lawyer to represent you, remember there are some motor vehicle related offences that carry some significant minimum penalties. For example, driving without insurance carries a minimum $5,000 penalty.  Driving while your licence is suspended has a minimum $1,000 fine for a first offence and a minimum $2,000 fine for any subsequent offence. Careless driving has a minimum penalty of $400 and 6 demerit points and you could also face a licence suspension for up to 2 years.

What many people don’t know, including some lawyers, is that there is a provision under the Highway Traffic Act that allows a Justice of the Peace to impose a penalty below the mandatory minimum. Whether it is right or not, it is not uncommon for a prosecutor or the court to be more receptive to resolution discussions when speaking with a lawyer rather than an accused. Simply put, a lawyer familiar with this area of law will often be in a better position to have resolution discussions with a prosecutor and make submissions to the court on your behalf.

If you intend on challenging a traffic ticket, whatever the offence you have been charged with, you should give serious consideration to hiring a lawyer. Prior to going to trial, a lawyer can advised you with respect to the law regarding the particular offence which you have been charged with, the strengths and weakness of your case, and whether your matter can or should be resolved without a trial.

In some jurisdictions, a lawyer can arrange to have a pre-trial with a Prosecutor to discuss the possibility of resolving your matter. In a best case scenario a lawyer can resolve your matter in a favourable manner for you and avoid requiring you to take time off work to attend court. In a worst case scenario, if a lawyer and a Prosecutor cannot resolve the matter, a lawyer will be able to identify any outstanding issues, what witnesses will be required, and the estimated amount of time a trial is going to take.

On the trial date if there are any other matters that are scheduled for trial, having a lawyer will ensure your matter is heard before any other trials where the accused is self-represented. If you have a trial and it is becomes necessary that you give evidence, you would be well advised to hire a lawyer so that a lawyer can ask you the all the appropriate questions.

A lawyer will also be in a better position to cross-examine any witnesses the prosecutor calls and make submissions on your behalf. A lawyer has legal education and has experience practicing law, which provides you with someone who knows what questions to ask, and sometimes which questions not to ask.

Although you don’t necessarily need to hire a lawyer for some motor vehicle offences, traffic offences can still carry serious consequences and you should seriously consider retaining a lawyer anytime you are charged with an offence. As a criminal defence lawyer here in Toronto, I appear in traffic courts on a regular basis and I am prepared to assist you in resolving any traffic offences you have been charged with. Contact me today and arrange a free consultation.

Find out more information about traffic offences.

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