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Ontario Highway Traffic Act

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6 months to file stunt driving charge?
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PostPosted: Sat Aug 15, 2009 9:15 pm 
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I was pulled over today for speeding. The constable stated he could take my truck and license with the stunt driving charge. However he dropped the ticket to 120kph in a 90kph zone. He then told me that he still has 6 months to file the stunt driving charge if he chooses. Is this true? How is it possible to be charged twice for the same offence? thanks.

EDIT- If I were to fight the 120kph in a 90kph ticket would I be at risk of getting the stunt driving charge?


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PostPosted: Mon Aug 17, 2009 1:29 pm 
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Ah the games they play. Yes it's true he has up to six months to lay the charge. They simply drop the original charge before it gets to trial then charge you with the new one. Double jeopardy is when they charge you twice for the same offence and that is not allowed.

Depending where you were charged (Toronto good, Peel bad) you can request a trial and they may not get around to it for longer than six months. Which means the cop may not even know about your trial request until it is too late to charge you again.

Also it is a huge no no to intimidate a defendant by threatening to raise the charge back up to the original speed if they don't plead guilty. This is usually done pre-trial. The cop is using a variant of that and may not get away with it. Note I used the word MAY.

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PostPosted: Thu Aug 20, 2009 9:58 pm 
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thanks for the info. I am up in Northern Ontario, and I dont believe it would take all that long to get to trial. If I do plead guilty to the speeding charge and pay my ticket, then the officer cannot give me the stunt driving charge?


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PostPosted: Thu Aug 20, 2009 11:41 pm 
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Speeding and stunting can be two separate charges. Stunting is squealing your tires, having somebody in the trunk, turning left at a green light before oncoming traffic, driving over 50km/h.

IF the only thing you did was go faster than 50km/h then it is the same charge. You have to decide whether the officer gave you a huge break or is mean enough to come back at you.

I sincerely doubt he will come back at you. Challenging the ticket should allow you to reduce it a bit more at the very least. You should not feel intimidated to exercise your constitutional rights for fear of reprisal.

And of course, you can always pay the fine. But ask yourself this, if you pay the fine, will you still be worried for the next six months?

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