In an effort to uphold constitutional rights, Ontario’s highest court recently ruled those charged under the street racing law will have a chance to defend themselves in court before receiving jail time.

Since its inception in 2007, we’ve been keeping you up-to-date with the many issues arising from Ontario’s new stunt driving legislation. The latest news included two separate acquittals by judges who ruled that the stunt driving law is unconstitutional.

Several weeks ago, the Ontario Court of Appeal overturned those rulings and decided speeders going over 50km over the limit can be lawfully charged with what is characterized by as “aggravated speeding.”

From The National Post:

The stunt racing law was originally billed by the Ontario government as part of a crackdown on street racing. When it was passed into law though, the offence included fines and potential jail terms of up to six months in custody simply for driving more than 50 kilometres over the limit.

The courts have previously interpreted speeding as an “absolute liability” offence, which means someone charged is not allowed to present a defence. The Supreme Court of Canada has ruled that it is unconstitutional for an offence to include the possibility of jail, when there is no right to a defence.

The Court of Appeal ruling distinguished between the amount that someone is accused of speeding.

If a driver is charged under the Ontario Highway Traffic Act with speeding of up to 50 kilometres over the limit, it will still be an “absolute liability” offence, since the penalties are fines and not potential jail terms.

But if the charge is stunt driving, then a driver is entitled to present a “due diligence” defence, that reasonable steps were taken to speed by less than 50 kilometres.

The Court of Appeal has ordered a new trial for Jane Raham, the stunt-driving granny who was acquitted back in November, 2009. At her new re-trial, Ms. Raham will have the opportunity to explain why she was speeding and possibly avoid jail time.

Several examples of acceptable defences for stunt racing may include pulling out into a passing lane for a few seconds or providing evidence of a malfunctioning speedometer.

If you’ve been charged with stunt racing, you have the right to defend yourself. Hiring an experienced legal professional to represent you at your day in court will increase the odds of reducing or nullifying your fine and save you from jail time.

Contact one of our paralegals today for a free consultation.