Stunt driving excessive speed,novice driver b.a.c above zero

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Michaelbsubaru
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Stunt driving excessive speed,novice driver b.a.c above zero

by: Michaelbsubaru on
Wed Aug 21, 2013 9:15 am

Hello
My name is Michael and I have been given 2 summons.One with stunt driving going 161 on the 417 which is a posted 100km/h and another for novice driver b.a.c above zero.My court date is on the 27th of September .Im 22 years old have had my g2 for over a year with only one other speeding ticket which was 15 over.My question is how can he charge me with stunt driving if I wasnt performing a stunt I was simply speeding i was not racing anyone or anything thing like that just driving in the left lane extremely fast which I know is wrong obviously.So far I have had my license and car impounded for 7 days which is going to cost me 700 to get back along with another 150 to get my license again temporarily so far I'm already down 850 and from what I have read on many sites that is the least of my worries.If convicted I face a 2000 minimum and a 10000 max along with possible 2 year suspension and a 6 month period of jail time.I know people say hire a paralegal and I have looked into x copper but have heard mix reviews about them.Im not saying I don't deserve to be punished for what I have done but this is serious I already have to sell my car which I paid 7k for 6 months ago just to cover all the cost I will be facing if convicted.And if convicted and my license is suspended for another 30 days i have also been told i will lose my job due to the fact i was hired to drive .Is there anyway to get these charges lessened so I will not become uninsurable and loss my job do the courts even care what you have gone through before even being convicted.I feel like I'm awaiting trail for murder right now because this is a life ruining charge if convicted .l know this is a massive post so I thank anyone is advance who takes the time to read it.




Stanton
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by: Stanton on
Wed Aug 21, 2013 2:14 pm

Stunt driving is a bit of misnomer. To be charged with the offence, you don’t need an actual stunt per se. Simply exceeding the speed limit by 50+ km/hr qualifies as stunt driving, regardless of traffic, road conditions, etc. While the Crown will probably be willing to offer you some type of plea deal, you’ll likely still be facing an additional suspension if convicted.

I’d suggest seeing what type of deal the Crown is willing to offer on your first attendance date. You can always request a free consultation with a paralegal afterwards to see if they can offer you anything better.

Good luck.


bend
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by: bend on
Wed Aug 21, 2013 3:16 pm

As already stated, driving 50+ over the posted limit is considered a stunt by itself.
Michaelbsubaru wrote:And if convicted and my license is suspended for another 30 days...
Since you are a G2 driver, you're subject to Novice Driver Escalating Sanctions:
  • Your first offense (stunt driving) is a 4 or more demerit point conviction. It will carry a 30 day suspension
  • Your second offense (BAC above 0) is a violation of your graduated license conditions. As a second offense, it will carry a 90 day suspension
  • Your third violation of your conditions or conviction of a 4 or more point offense will see your license cancelled altogether.
I'd suggest you look for representation.


Michaelbsubaru
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by: Michaelbsubaru on
Wed Aug 21, 2013 6:24 pm

Thank you for the reply.So from what im reading the only way to avoid the 30 day suspention is to be found not quilty of both offences?
And when I was pulled over for the stunt driving he said he had clocked me at 161 he then told me to turn off my car and remove the keys.I was smoking a cigarette at the time and he asked if I had been drinking I said "no".So why give me a breathalyzer ? It was not a ride program and I did not leave my lane or have a slurr in my speech I doubt he smelt alcohol from the car because it was 5 hours from my last beer and I only had 2.And if there was a smell coming from my car it would have been from all the smoke and the fast food (a&w) I just ate.On what grounds did he have to give me a breathalyzer test? there was no sobriety test or anything like that .He can't possibly be going on the fact I was smoking a cigarette can he?


Stanton
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by: Stanton on
Wed Aug 21, 2013 6:43 pm

At your first attendance meeting you'll want to request disclosure. The officer’s notes or reports should answer many of your questions. For an officer to request you provide a breath sample, they only need a reasonable suspicion that you've consumed alcohol. The quantity of alcohol or level of impairment (if any) is irrelevant. It`s a pretty low threshold to make the demand.

And respectfully, if you only had two beers five hours before being stopped, there is no way you should have registered a BAC above zero. Either you had some very large beers or your timeline is off. Do you know what you actually registered when you provided your sample?


Michaelbsubaru
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by: Michaelbsubaru on
Wed Aug 21, 2013 7:34 pm

I drank 2 beers at a eastside marios and had left around 1145 at the latest.Closing time is 12.My time on the ticket says 4:23am and for the breathalyzer reading I didn't get to get a good look at it being in the back of a police car but I think I saw a letter and when I asked him what it meant he said "you've drank too much".






Stanton
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by: Stanton on
Fri Aug 23, 2013 10:48 am

You will be in Court before a Justice of the Peace on your first attendance date, but it won’t be for an actual trial. You’ll enter your initial plea and the matter will be adjourned to a later date for trial or resolution. The Crown should be able to provide you with disclosure on your first attendance date (if not request it). Make sure you arrive at Court with time to spare and dress appropriately. Good impressions with the Crown and J.P. can go a long way.


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