R. v. C.
If you are charged with speeding and it is alleged that you are driving 50km/hr over the speed limit or more, you may also be charged with stunt driving under s.172 of the Highway Traffic Act. For a first offence, stunt driving carries a minimum penalty of a $2,000 fine and potentially up to six months in jail, or both. Further, the offender’s driver’s license may be suspended for a period up to two years. These penalties are higher on a subsequent offence.
Our client was alleged to have been stunt driving. An officer allegedly saw two cars, including our client’s, driving at a high rate of speed. The officer believed they were racing and put on her lights to stop the vehicles but only our client stopped. One of the things that the prosecutor must prove on a speeding charge is that the radar or laser gun that the officer was using was working properly. Otherwise the court cannot be satisfied beyond a reasonable doubt that the device used accurately detected our client’s speed. The officer was the only witness for the Crown. During cross-examination it came out that the officer had not fully tested the radar gun. Before the cross-examination was finished, the Justice of the Peace dismissed both charges against our client.
Speeding charges, no matter how fast it is alleged you are going, can be detrimental to a car owner as insurance companies care more about the conviction, not the speed. This win was very important to our client as he was the main breadwinner in his family since his father passed away. If he lost his ability to drive, or went to jail, his family would have collaterally been punished as well.
If you have a criminal matter and would like to contact Ms. Bristow for a free consultation, please contact her by phone at 416-598-5741 or email at firstname.lastname@example.org
Note: Past successes do not guarantee future successes
Here, I post various success stories I have obtained for my clients in court.