Fighting G1 & G2 Licence Holder Charges

What Should I Say When Pulled Over?

• Say as little as possible
• Answer leading questions like "Do you know why I pulled you over?" or "Do you know how fast you were going?" simply and carefully without admitting guilt

What Should I Do When Pulled Over?

• Be Courteous
• Roll down your window all the way, turn off your engine, place your hands on the steering wheel, and, if it's dark, turn on your interior light
• Stay in your car unless asked to get out
• Take note of exactly where the incident occurred as well as road & weather conditions as soon as possible after the police leave
• Don't reach for your license and registration until the officer asks you for them
• Don’t admit guilt
• Don’t be aggressive or hostile

Drivers with traffic tickets or Summonses for EXCEEDING THE SPEED LIMIT BY 50 KMS/HR OR MORE may also be charged with Stunt Driving which has fines from $2,000 up to $10,000 or to imprisonment of up to 6 months, or to both and their licence may be suspended for up to 2 years on a first conviction and up to 10 years for a subsequent conviction.

Speeding has always been classified as an offence of absolute liability. This means that the prosecution only has to prove the offence has been committed to secure a conviction. There may be reasons or excuses for a person speeding, but they do not constitute a defence to the charge.

Stunt driving on the other hand is classified as strict liability. This means it is open to an accused to show he/she is without negligence and acted with due diligence, taking all reasonable care to avoid the offence charged.

The Ontario Court of Appeal recently ruled that when it comes to stunt driving by speeding at a rate of speed that is 50 Kms/hr or more over the speed limit, it is now strict liability not absolute liability and it is open to an accused to show they took all reasonable steps not to exceed the speed limit by 50 Kms/hr or more.

The court also ruled that even if an accused is able to demonstrate due diligence and therefore be found not guilty of performing a stunt, they could still be found guilty of simply speeding.

The definition of Racing was expanded with the introduction of the “Stunt Driving” legislation.

There are now six ways that driving behavior may be considered to be racing.

The penalties are severe with a fines ranging from $2,000 to $10,000, jail up to six months, or to both and up to two years licence suspension for a first offence and up to ten years for any subsequent offence within ten years.

Why fight the charge?

A conviction for racing will most certainly result in a massive increase in insurance, if not an outright cancellation of the policy. Protect your licence and your insurance premiums. Speak to a licensed paralegal at POINTTS before deciding on a course of action you may regret later.

Why POINTTS?

POINTTS’ team of Licensed Paralegals comprised of former police officers and college graduates have been trained to the highest standards and continue to have their skills and knowledge upgraded by their in-house trainer who’s responsible for ensuring all POINTTS paralegals comply with the Law Society of Upper Canada’s continuing professional development requirement.

Why a Licensed Paralegal?

Every charge must be proven beyond a reasonable doubt by the prosecution. POINTTS Licensed Paralegals have the knowledge, skill and experience to know if that burden has been met. A person trying to represent themselves is not likely to know what has to be proven, let alone whether proven beyond a reasonable doubt. We will look at the disclosure, research the relevant case law to be used in your favor and be able to recognize technicalities that would be fatal to the prosecution’s case against you. POINTTS paralegals know how to cross-examine witnesses. When questioning police officers, we know what the answers to technical questions should be so we know if the answer given is the right one, whereas most self-represented defendants would not.