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Stunt driving Summons 120 on a posted 60
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PostPosted: Sat Feb 22, 2014 1:55 pm 
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Joined: Sat Feb 22, 2014 1:46 pm
Posts: 6
Hi,

I was pulled over last night for doing 120 on a posted 60, happened on hurontario. My licence was suspended for 7 days and my car was towed for 7 as well.
Ive been driving for five years and I have no tickets or accidents so far.
Im clue less as to what the outcome could be of this summons. I read up on the possible outcomes; they sound terrifying and really expensive for a student.

Just wondering of anyone experienced similar situations and would want to share their experiences.
Open to any suggestions or advice.

** aditional details, I'm 21, and have a clean record, not a single ticket until this, and the summons is set in the court house in brampton.

Thanks in advance.


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Sat Feb 22, 2014 4:31 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Doesn't matter what you are charged with the process is the same. If you want the best outcome id hire a paralegal considering that you're so green.


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Sat Feb 22, 2014 4:41 pm 
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thanks for the quick reply ynotp, would you recommend any paralegal service?
As i mentioned i don't think i could afford to get top of the line service.


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Sat Feb 22, 2014 8:02 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
vcnarra wrote:
I'm 21, and have a clean record, not a single ticket until this,


They aren't going to care about your clean record. It may keep them from raising the fine, but it's not going to make the charge go away.

Your summons is just a court appearance. It's not your trial.


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Sat Feb 22, 2014 8:14 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
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Location: Ontario
If you can afford insurance in Ontario you can afford pretty much any paralegal. The chain services like xcopper, points and ott legal are comparable and professional. It will be a drop in the bucket compared to what you are facing in increased insurance premiums. Pay the money and put it in their hands learn your lesson and go back to studying.


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Thu Feb 27, 2014 10:35 pm 
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Thanks for the advice really do appreciate it.
What do you recon the best outcome/worst outcome for this situation is?

And i do plan on hiring a paralegal, I'm debating between OTT Legal and XCoppers, both have their pros and cons.

will keep you posted to what the outcome is

thanks again


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Fri Feb 28, 2014 4:30 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 550
From a plea-bargain POV, the crown may amend the charge from S172 Stunt Driving to S128 Speeding of +49kph or +60kph.

Set Fines: http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/
Victim Surcharge: http://www.e-laws.gov.on.ca/html/regs/e ... 0161_e.htm
HTA S128: http://www.e-laws.gov.on.ca/html/statut ... .htm#BK198

+49kph @ $6/kph = $294 + $60 + $5 = $359 — 4 demerit points

There is no out of court settlement for +60kph, so the crown can decide on w/e # they want. We do have two tables that discuss +60kph rates:

+60kph @ $8/kph (Photo Radar) = $480 + $110 + $5 = $595 — 6 demerit points
+60kph @ $9.75kph (S.128 (14)) = $585 + $125 + $5 = $715 — 6 demerit points

As long as the +60kph fine is less than S172's minimum $2000 fine, you can err... mitigate the damage.

_____________________________________

Because you were driving at 2x the limit, the courts may suspend your license for up to 30-days.

Suspension of licence on conviction
Quote:
(15) Subject to subsection 207 (7), where a court has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, the court may,
(a) suspend the driver’s licence of the person for a period of not more than 30 days;


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Fri Mar 21, 2014 4:14 pm 
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Joined: Sat Feb 22, 2014 1:46 pm
Posts: 6
Quick update,
Ive been to a few ticket fighting places; the quotes were as follows:
OTT Legal 800
Xcopper: 1200
TrafficTickets: 1000
BeatTickets: 550

They all said they could get rid of the stunt driving charge and get me a 39over.
Does the price seem reasonable?
And as for my licence suspension…. The ministry sent my licence back without me paying the reinstatement fees. What does this mean?
Both the police officer that gave me the ticket and OTT Legal mentioned that i won't get my licence back until i pay the $150. wondering if anyone encountered anything similar.

Thanks in advance


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Fri Mar 21, 2014 8:16 pm 
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Joined: Thu Mar 20, 2014 8:54 pm
Posts: 45
vcnarra wrote:
thanks for the quick reply ynotp, would you recommend any paralegal service?
As i mentioned i don't think i could afford to get top of the line service.

Is the car you were in insured in your name?


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Fri Mar 21, 2014 8:24 pm 
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Joined: Sat Feb 22, 2014 1:46 pm
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No the car is registered on my dad's name. My dad is the primary account holder, but I'm the primary driver for the car, as we have 2 cars in the household.


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Fri Mar 21, 2014 8:33 pm 
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Joined: Thu Mar 20, 2014 8:54 pm
Posts: 45
vcnarra wrote:
No the car is registered on my dad's name. My dad is the primary account holder, but I'm the primary driver for the car, as we have 2 cars in the household.

I would start by letting him know what happened and he should spring for a top notch lawyer. The premiums in his household are all going to blast through the roof for a long time to come if this charge sticks. This is what insurance companies wait and pray for. They are the real "Mob".


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Fri Mar 21, 2014 8:57 pm 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
They all said 39 over without seeing your disclosure?


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Fri Mar 21, 2014 9:02 pm 
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Joined: Sat Feb 22, 2014 1:46 pm
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Yea they said they could bring it down to 39 over because it's my first time getting a ticket. Pretty much everyone told me the same thing. OTT Legal even offered 29 over.


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Re: Stunt driving Summons 120 on a posted 60
PostPosted: Fri Mar 21, 2014 10:07 pm 
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Joined: Mon Mar 14, 2011 11:31 am
Posts: 684
I wouldn't bet the farm on a 29 or 39 over, even for a first offence. It's going to depend on how good the evidence may be and without seeing any of that t, I don't think a paralegal can make any promises.
The prosecutor really has nothing to lose if it goes to trial in a timely manner.
A conviction on the stunt charge could result in the following:
A minimum fine of $2000 up to a maximum fine of $10,000
Imprisonment for not more than 6 months
Licence suspension for not more than 2 years for a 1st conviction (up to 10 years for a 2nd conviction)
Six demerit points

As an example. I was the charging officer for a stunt guilty plea of 93 km/h over.. The driver had never had a ticket. He received a $2000 fine, and a one year suspension. He had a lawyer as a representative. The penalty was an agreed upon one between the prosecutor and defence.
In his summation, the Justice commented that had the parties not agreed upon the penalty he would have also sentenced the driver to a short jail sentence.

Don't take this charge lightly.


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