speeding Stunt Driving charge

Moomoo
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speeding Stunt Driving charge

by: Moomoo on
Thu Oct 13, 2016 12:24 pm

Sadly, I have been issued a Stunt Driving ticket (Summons) and my court date is Oct. 20/16

I am absolutely sick with guilt and worry over this, and yes, I admit I was speeding and I did not

realize how much over the limit. The highway was newly paved (so nice) clear and dry, no other traffic either way,

beautiful sunny sky , I was driving my 9 year old brother to a birthday party. We were on a straight downhill grade where OPP advised the radar

read 141km (4-6 seconds) the speed limit was 80 km. Please understand I am not trying to excuse myself from breaking the law by speeding

I am guilty of speeding ( although I would never intentionally go THAT much over the limit) but the "Stunt Driving" part is brutal.

I have just turned 19, female, and attending my first year of University (a 6 hour drive from home), I worked three jobs while attending school

and throughout the summers to save money for my education, and am maxed out with Student Loans. The minimum $2000.00 fine will crush me

I simply do not know how I would be able to pay it as well as attend to my studies. I am from a poor single parent family.

The OPP was doing his job, I understand that, but his attitude was so gruff and miserable that he had both my young brother and I in tears

before he left us on the side of the road. As we were far in-between townships I asked him what I was supposed to do next, his reply was

"you'll figure it out". We waited 30 minutes until he returned along with the tow truck - the truck driver took pity on us and let us drive with them

to the tow yard. ( These drivers were very nice and kind, and we are thankful for their help ) But what if the weren't such 'good guys'? it was

against all I have ever been taught, as well as teaching my brother, to have no choice but to get in that truck with those two unknown big guys

and TRUST that they would take us to safety.


Someone said I could try talking to the Crown and discussing my options of making a plea, that perhaps she could drop the Stunt Driving part,

I tried calling the Crown Attorney and she was quite appalled that I would call to try to talk to her as she was 'on the other side' and abruptly hung

up. This is why I come to this site to plead for advise, I am afraid and I don't know what to do next. As I was just in my first week of University

when my hearing came up my Grandmother attended for me and received my disclosure. I will be missing classes in order to travel to attend the

hearing on Oct. 20th We cannot afford to hire a paralegal. All advise is truly appreciated, I will be sure to keep this site updated as this

process continues.




Moomoo
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by: Moomoo on
Thu Oct 13, 2016 1:29 pm

Thank you for your kind advise . Do you know if I can write a letter to the Justice of the Peace or Crown so that they might

consider my situation before I plead? There was no 'STUNT' driving - inadvertent speeding only. Also, do they give you time to pay???


argyll
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by: argyll on
Thu Oct 13, 2016 1:44 pm

I'm a bit confused. What is happening on the 20th ? Is it the trial date ? What happened when your grandmother attended ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Moomoo
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by: Moomoo on
Thu Oct 13, 2016 3:00 pm

Thank you for responding, I do appreciate your advice. On October 20th I will be attending to Plead Guilty? or Not Guilty? (don't know for sure what to do) When my Grandmother attended the Justice asked where I was and she explained that I was only into my first week of University and could not miss any of my first time classes. The Crown Council gave her my Disclosure and she was advised that the next hearing would be Oct. 20/16 I will be missing classes to attend court as it is a six hour drive from Guelph.


EphOph
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by: EphOph on
Thu Oct 13, 2016 3:19 pm

Moomoo wrote:Thank you for your kind advise . Do you know if I can write a letter to the Justice of the Peace or Crown so that they might

consider my situation before I plead? There was no 'STUNT' driving - inadvertent speeding only. Also, do they give you time to pay???
If you are convicted (either by plea or verdict), the JP will decide the fine amount and then ask you how much time you need to pay.

The courts have decided that speeding +50 is stunt driving so it doesn't matter to them what your intentions were.

When I was in Chatham court a few years ago there was a guy who was charged for stunt 70 over. They changed it to speeding and he was given a fine of $1000.
IMO for a such a serious charge as this it may be less expensive for you in the long run if you hire a paralegal.


Moomoo
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by: Moomoo on
Thu Oct 13, 2016 3:34 pm

Thank you !!! Yes, my Grandmother did look into getting a Paralegal and the cheapest price we could find was $1,000.00 So we decided that I would be better off paying money for speeding ticket as it is a legal issue and I don't want to get in trouble. I just don't know if I can write a letter and send it so they get it before the 20th or if that is a stupid idea???? I know I broke the law and I am incredibly remorseful, I know I have to pay for speeding. Your advise is so very much appreciated. Kindest thanks to you...

Do you know if I can ask the Crown for a plea deal (possibly drop to over 49 or excessive speed and drop the Stunt charge) this would be before I attend court to plead. ?????


jsherk
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by: jsherk on
Thu Oct 13, 2016 5:05 pm

With a lawyer there are no guarantees that they will win for you, and you will probably be found guilty of something.

Now, without representation, you will definitely be found guilty of something. So here is what you can do...

You can talk to the prosecutor before court starts.

(1) Ask if they are willing to drop it to a 49 over speeding charge.
(2) If they say no, then ask if they are willing to drop it to 61 over speeding charge
(3) If they say no, then tell them you are going to ask for an adjournment to hire a lawyer because of the seriousness of the charge.

A 49 over speeding charge is the best option you can get because it is only a MINOR offence from insurance standpoint, whereas 50+ over speeding and stunt driving are both SERIOUS offences from insurance standpoint. If you get a SERIOUS offence on your record, your insurance rates will skyrocket (more than double) or even policy will be cancelled.

A lawyer/paralegal would most likely not be able to do any better than any of these options anyways.

Can you scan and post the disclosure that you got (blank out personal/officer info).
+++ This is not legal advice, only my opinion +++


Moomoo
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by: Moomoo on
Thu Oct 13, 2016 11:38 pm

Again I thank you jsherk, your advise has helped me understand my options and am feeling a bit hopeful. Am not good at scanning but will certainly try to and send tonight or in the am. Thank you so much for your help !!!!!


Moomoo
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by: Moomoo on
Sun Oct 23, 2016 5:00 pm

I attended the court date and , when asked, plead Guilty . The Justice of the Peace asked if I had spoken with the

Prosecutor and I replied that I had not - she then advised me to speak to the Prosecutor during a recess. At this time the

Prosecutor called me into her tiny office and we discussed the charge, I explained to her that I had inadvertently been

speeding - no stunts. That I had just entered into my first semester at University and the financial burden of the

minimum $2000.00 fine would likely cause me to drop a couple of courses so I could get a part-time job to pay the fine.

She advised me to explain my financial position to the Justice when we returned to court, also said she would not go after

my driver's licence or put up any argument against me. When called back up the Justice asked if I had anything to say,

I said I had no excuse for speeding, that I was very remorseful (which I am) and had not realized how serious the

matter was until now, disappointed in myself for not being a good role model for my young brother, and embarrassed

for being charged for that offence. That I was respected in my home town, had done a lot of Community Service,

volunteering, coaching, teaching etc., etc.. also what a hardship the fine would be for me to pay. The Justice charged

me $1000.00 fine (without surcharge) and gave me a year to pay, she also advised that if I needed longer to pay I could

apply for an extension, her final words "SLOW DOWN". I feel very fortunate to have the fine lessened with no further

actions. I truly am sorry that I broke the law and caused so many people time and trouble.

My advise: Watch your speed - if you do get charged go to Court for yourself (don't hire someone) and be honest.


argyll
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by: argyll on
Sun Oct 23, 2016 5:08 pm

I'm glad it was an ok outcome for you. Sometimes talking responsibility for your actions is the best course of action.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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