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Hello I Was Charge With Stunt Racing And Speeding All At Once. What Should I Do ?
Posted: Thu Mar 05, 2020 4:38 pm
by Sagama
Hello, I was driving home on Trafalgar road going towards Derry road its a 80km zone and I was going 134km the police officer was following me on a ram 1500 all black for about 3 minutes he gave a stunt driving ticket, racing a motor vehicle and speeding ticket. I was pushing the pedal because my wife is pregnant and she called me saying that she needed me to drive her to the hospital right away because she was on some extreme pain. I’m 20 years old and have a g2 getting my full g license soon have a clean record for about 2 years now. I work 3 jobs and really need my car and license to pay rent, food, insurance basically everything for me and my family. Without a car or license I won’t be able to do it. I can say that I was speeding but I was never racing anybody, I was jus going home fast because of my wife, do y’all know what can happen to me? Should I go to the first court date and talk to the crown (prosecutor) see if he can help me out if not ask for disclosure and then Hire a paralegal? I have talk to some paralegals and they said police officer can’t charge me with the same offence at once (racing,stunt) probably withdraw those two tickets and fight for the speeding to get it reduce? Please help me out guys thank you.
I would never speed in my life not worth it at all
Re: Hello I Was Charge With Stunt Racing And Speeding All At Once. What Should I Do ?
Posted: Thu Mar 05, 2020 10:13 pm
by highwaystar
If you are lucky they will offer you a speeding charge of 49 over and withdraw the other 2 charges. 49 over is a 4 point offence but since you have a G2, you will get a 30 day suspension plus have to pay the fine and re-instatement fee after the suspension. That's probably the best a lawyer/paralegal will get you. The speed will not be reduced to 29 over (a 3pt offense) so as to avoid the suspension--that would be extremely wishful thinking!
Just know that your excuse for stunt driving (i.e. pregnant wife in pain) likely won't be a defense because there was a reasonable alternative to breaking the law (calling an ambulance) so a due diligence defence won't be made out. That excuse will also definitely not work on the speeding offence (an absolute liability offence) to satisfy the necessity tests such as "imminent peril" test (after all, if it was so imminent health professionals should have been called like paramedics), nor will you be able to prove that the wrongful act could not reasonably be avoided (since it could have been by simply calling 911!!!).
So, after getting disclosure, you should strongly consider taking a 49 over offer (if it is offered!) as it will probably be the cheapest for you. Otherwise, this could be truly costly for you. Either way, get professional advice---those are serious and expensive charges.