Stunt Driving, Racing,  

Stunt Driving, Racing came into effect  on October 1st,  2007. It  is a new legislation that Police now have to combat street racing and aggressive  drivers. This new law is called Racing, stunts, etc., prohibited and is at Section 172 of HTA. If a Police Officer believes you are breaking this law they can implement a range of consequences immediately on the spot. The Officer can (1) Suspend your License for 7 days, (2) impound the vehicle you were driving for 7 days, whether you owned the vehicle or not, (3), make you responsible for cost to tow the vehicle, and (4) make you responsible for daily storage fees of the vehicle while is impounded. 

How do you get Stunt, Racing etc, Prohibited Charges?:
Driving 50km/hr or more over the posted speed limit.
Sitting at a red light and spining/smoking your tires.
Spining your tires while driving away.
Popping wheelies on a motocycle
Racing another vehicle
weaving in-and out of traffic. 

Penalty for Stunt Driving  Conviction
In addition to the towing cost, impound cost and losing your vehicle and driver's licence for 7 days when you were charged, if you are convicted at trial for Racing, Stunts, Etc., prohibited,  you will face the following  penalties;
(1)A Possible jail sentence of not more than six months.
(2)A Driver's licence suspension for not more than two years for a first conviction and up to 10 years for subsequent convictions which is committed within 10 years.
(3) Your driver's licence will gain 6 demerit points
(4) A fine of not less then $2,000 dollars to a maximum of $10,000.
(5) If the impounded vehicle was not yours, the law allows the owner to sue you for cost incurred while the vehicle was abscence for 7days.

 Note: Stunt driving charge is usually in addition to other charge(s), i.e: weaving in-and-out off traffic will likely lead to Careless Driving charge and the a second charge of stunt driving,  at officer's discretion. If you are found not guilty at trial, you will NOT be reimbursed for any expenses If convicted of Stunt Driving, Racing etc Prohivited you suffer major  insurance complicaiton similar to a Careless Driving conviction. Luckly Baystreet Legal  is available to guide you through each step of the way. This is one of the worst charge you could get under the HTA and should not be taken lightly. for professional assistance Contact Us via, phone, fax or email.

Careless Driving
If charged with Careless Driving you will definitely want to be represented by the professionals at Baystreet Legal. It is one of the most serious charge under the HTA of Ontario

How do you get Careless Driving Charge?:
Careless driving charges unsually occurrs as a result of an accident. You will also get Careless Driving charge from weaving in and out of traffic at a high rate of speed.

Penalty Careless Driving Conviction:
The penalty for Careless Driving depends on either part 1 or part III was issued. In both cases you will gain 6 Demerit points on your driving abstract. Your auto insurance premium will increased substantially for the next 5 years. Some insurance companies will cancel your policy base on your high risk status.  Look at the two types of Careless driving below for specific consequence for part 1 or III offence.

Two Types of Careless Driving charges?:
CARELESS DRIVING TICKET, Part 1
Maximum fine of $325 levied against you.
You gain 6 Demerit points on your  Driver's Abstract
(G1 or G2 you will be called in for interview and likely lose your drivers licence for 30 days) 
Your insurance premiium will most likely increase substantially. 

CARELESS DRIVING SUMMONS, Part III,
Summons ordering you to attend court on a specific date.
If you do not appear a warrant may be issued for your arrest
A Fine from $200- $1,000
Imprisonment for up to 6 months
Drivers licence suspension for up to 2 years
Court may implement driving prohibition.
 Your Insurance premium will most likely increase substantially.

Note: A Careless Driving charge is best described as a ‘blanket or global charge’ - meaning that most officers are instructed by their superiors to lay this charge in most accident situation. This global charge means it covers all other Highway Traffic Act charges that could/should have been laid instead of Careless Driving. If you’re in stop and go traffic and rear end someone, is that Careless Driving? Losing control and driving off the road into the ditch – is that Careless Driving? To the officer who handed it to you it is.  Careless Driving is one of the most serious charge in the HTA and a convition will result in the consequences laid out, make sure you have the Traffic Ticket EXPERTS  at Baysstreet Legal by your side to increase your chances of successfull outcome.
 
Driving Under Suspension
Driving under suspension in one of the worst ( most punitive ) offence under the HTA. Many drivers have been sent to jail for this violation. If you get conviction of this offence the six months  suspension are statute bound and can not be negotiated.

How do you get Driving Under Suspension Charge?:
Have unpaid traffic tickets. 
Gaining 15 demerit points on your driving abstract as G driver.
Gaining 9 demerit points on yoiur driving abstract as G1 or G2 driver.
Told by Ministry of Transportation staff of DL suspension or did not attend the meeting.
Did not pay driving related fine by the due date.
Receive a suspension notice in the mail
Drove after PC issued suspension notice to you. 

Penalty for Driving Under Suspension
(1)A Possible jail sentence of not more than six months.
(2)A Driver's licence suspension for not more than  six months  in addition to any other period for which the licence is suspended.
(3) A fine of not less then $1,000 dollars to a maximum of $5,000 for first conviction.
(4) For subsequent conviction the fine becomes $2000 to $5000.

Note: Driving under suspension charges are very serious in the fact that you could be sent to jail for violation of same. Violation of this charge in the HTA is the one the  Justice is most likely will sent you to jail, more so than any of the other charges. If you have be charged with Driving under suspension, don't take it lightly, contact the Traffic Ticket EXPERTS at Baystreet Legal, either by phone, fax or email. Yes, Yes, you could go to jail in traffic court.

No Insurance
Operate motor vehicle without insurance has major financial ramification that could be handed down in the courts.

How do you get Driving Under Suspension Charge?:
You get this ticket when your insurance expire and it's not renewed and you are caught driving.
If your monthly insurance premium withdrawal return NSF and your are caught driving.
You take a plate that is insured with vehicle "A" and attach it Vehicle "B" that is not insured

Penalty for No Insurance
(1)A fine of $5,000.00 to $25,000.00 for first conviction. 
(2)A fine of $10,000.00 to $50,000.00 for second conviction
(3)A Driver's licence suspension for not more than  one year.
(4)The Justice will take your drivers license from you, if you are suspended.
(5)If you are involved in an accident, all expenses resulting from damages incurred in the collision would be yours.
(6)You will be responsible for future claim from an insurance company or uninsured motor association of Ontario 

Note:Many drivers pay their first and last to an insurance company and cancel the policy or bounce the first monthly withdrawal of the premium as soon as they receive the certificate of insurance covering them for one year. This move is asking for double trouble. When an officer stops you for insurance related offence, the slip you give him will be copied and the insurance company will be contacted then or at a later date. Within days or weeks of your release when the officer finds out that the vehicle was not insured. The officer will come to your place of residence and charge you with two offences:(one) C.A.I.A. 2(1)(a) Operate motor Vehicle Without Insurance and (two) C.A.I.A. 2(3)(b)Produce False Evidence of Insurance. The second charge carries the same panalties as it has been listed for the first. You will then have two charges to face instead of one.


Speeding
Speeding charges in the Province of Ontario is considered to be an absolute liability, meaning the Prosecution does not have to prove that you intended to speed to obtain a conviction. All the prosecution has to establish/prove is that you were driving beyond the posted maximum speed limit.

The penalty for speeding tickets in Ontario goes beyond the demerit points and paying the fine. Your driving privileges can be revoked and your insurance rates can be dramatically affected to the point of non-affordability.

How do you get Speeding Ticket charge?:
Driving faster then the speed of traffic
Weaving in and out of traffic, so you becomes noticable to the officer.
Driving fast in the slow lane(far right lane), because it easy to pull you over in that lane  

Penalty for Speeding
(1)A fine of minor to major amount. 
(2)The possibility other charges with severe consequences, ie: stunt or careless.
(3)The possibility of criminal charges such as Dangerous driving..
(4)suspension of Driver's License..
(5)Gain demerit point on your driving abstract.
(6)Increase insurance premiums, sometimes to facility (high risk-high premium) insurance. 

 Other Type of Tickets and Associated Points