“Should I Plead Guilty Or Not Guilty For Stunt Driving?”

Hi guys! I'm new to the forum in search for some guidance. I'm from Brampton and this is what happened: So, I'm coming from Sauble Beach on Hwy10 with my wife and a friend, I'm passing near Shelburne and I see the chance to overtake 3 cars that were travelling at 80kmh or less but my purpose was to overtake one at a time (not all three at once). So I started with the first one when I noticed that there was a Dodge Durango tailgating me to do the same, but the space between the overtaken cars was only good for one car, mine. So I decide to step on the gas a little more for both of us to overtake all three; otherwise the guy tailgating me would be screwed. Long story short, we did overtake all of them, before meeting incoming traffic, and we were traveling at 145+ kmh. At that time an OPP spotted us and immediately made a U-turn to catch us both. First thing the officer did was to ask me if I new the other driver, which I didn't. Then he said you were driving 64 over the limit, so your car will be impounded for 7 days and license suspended for 7 days as well. I need to go to court until October, but should I plead guilty or not guilty? I have a clean record and this is my first offence. Any suggestions? I appreciate any insights about this.

Its unlikely that the prosecution will simply agree to reduce the charge to a speeding offence. 64 over has a total price of $724. So, if speeding is not offered, then you might wish to suggest a Part I careless driving charge instead since that only carries a minimum fine of $400 (total price of $490). Either is better than the minimum $2000 fine and jail potential that stunt driving carries. All 3 charges (speed over 50, Part 1 careless driving and stunt driving) still carry the same 6 points but at least you'd pay less in fines. Of course, if they ARE willing to offer you a 49 over speeding offence---then I would take it and run!

Stunt and careless will usually have similar impacts for insurance purposes such that you may not qualify for traditional insurance and will have to obtain facility insurance, so you really are only trying to get the least possible fine at this stage as possible. Obviously a speeding charge will look best on your record, but there's really no point in having to pay the minimum $2000 stunt fine if you can walk away with the $400 careless fine. Just food for thought.

Thanks for the reply highwaystar. It's something to think about. Would you consider for me to get a paralegal?

The consensus would be that you'd probably want to consider a paralegal anytime a charge carries the possibility of jail time, which this does.

You're not going to jail, by the way. With a first offense at 64km over, it's not something they'd even consider.

Oh wow! thanks for that. It gives me peace of mind to know that jail time might not be considered in my specific case. Due to COVID-19 i'm out of business and my savings are limited. Don't think I wont be able to afford a paralegal, are volunteered paralegals worth a shot?

I would go to the first appearance and see what kind of a deal you will get, if it sucks, it likely won't, then I'd worry about getting a paralegal.

I agree with FyreStorm that its probably best to attend your first appearance, get your disclosure and see what the offer, if any, is. Then, if the deal is not one of the ones I mentioned, or you simply wish to take it to trial, hire a paralegal.

Got it! Thanks for the advice guys. I'll do that and try to negotiate with the prosecution to cut down my losses. My summon is until Oct so I have time do some research on my own.

*UPDATE*

Hi guys so I didn't have to pay a reinstatement fee for my driver's license so that was good, and today I had my summons via phone call. I had to call the Provincial Offences Court Office where they gave an 800 number to call in as well as a numeric meeting id. I met with the prosecutor which offered me a speeding offence and said that was it the lowest she would go - since it was my first time. I agreed to it and then was placed on a 40min hold again. Then I was able to join the session with the judge where I plead guilty of the lower charge with a fine of $624 and 6 demerit points.

Thank you for your previous advises and guidance.

broman wrote: ↑Wed Oct 28, 2020 11:09 am

*UPDATE*

Hi guys so I didn't have to pay a reinstatement fee for my driver's license so that was good, and today I had my summons via phone call. I had to call the Provincial Offences Court Office where they gave an 800 number to call in as well as a numeric meeting id. I met with the prosecutor which offered me a speeding offence and said that was it the lowest she would go - since it was my first time. I agreed to it and then was placed on a 40min hold again. Then I was able to join the session with the judge where I plead guilty of the lower charge with a fine of $624 and 6 demerit points.

Thank you for your previous advises and guidance.

I am wondering how they contacted you since the court was closed they mailed you a notice for the remote meeting or they called you? my summons was for August and I have called the court they could not find anything about it.

Hi @nopeedlimit. Actually I had to call the Provincial Offences Court Office where they gave me the 800 number to call in. That was the only way possible.