Driver charged with Stunt driving for third time in 10 month

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lfr101
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Driver charged with Stunt driving for third time in 10 month

Unread post by lfr101 on



curiousottman
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OTD Legal
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Unread post by OTD Legal on

There are some big issues with this:

"This is the third time this driver has been charged with Stunting in the last 10 months."

Considering each offence carries a 6 demerit point penalty, this driver (justifiably) may well have his driver's licence suspended by the MTO. Beyond that, Crown Prosecutors seek greater and greater penalties at Court with each subsequent offence. If the matters were in different jurisdictions, there would have been a potential benefit of the various Crowns being unaware of the other charges depending on timelines on each of the cases. However, if all three are within the same jurisdiction and through the same Crown Prosecutor, then the driver is at risk for the higher end of penalties being sought.

Under section 172, the offence penalty section reads:

"Offence
(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s licence may be suspended,

(a) on a first conviction under this section, for not more than two years; or

(b) on a subsequent conviction under this section, for not more than 10 years. 2007, c. 13, s. 21."

The second and third offences will be exposed to a maximum of 10 years for court ordered suspension each. It would also not be surprising to see the Crown seeking a fine on the higher end of the $2,000.00 to $10,000.00 range given that all three offences are for the same offence and within 10 months of each other.

If all three offences go to conviction, I could only imagine that obtaining insurance coverage would be prohibitively expensive if an insurer could even be found to issue a policy.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


Zatota
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Unread post by Zatota on

OTD Legal wrote:If all three offences go to conviction, I could only imagine that obtaining insurance coverage would be prohibitively expensive if an insurer could even be found to issue a policy.
Probably closer to impossible than prohibitively expensive. Then again, this person obviously doesn't seem to care.






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