If you’re caught driving 40 km/h over speed limit in Ontario in an area where the limit is less than 80 km/h, you’re automatically entering the territory of Ontario stunt driving charge. This isn’t just a minor traffic violation; it’s a serious offence with heavy penalties that can affect everything from your wallet to your ability to drive.
However, not all hope is lost. In some cases, with proper legal representation, these charges can be negotiated down to a less severe speeding offence. This article breaks down what you need to know about facing such charges and explores the potential for lighter penalties through legal avenues. Let’s go!
Driving 40 km Over Speed Limit, Ontario: Understanding the Law
So, as mentioned, driving 40 km over speed limit where the posted limit is less than 80 km/h is classified under the severe category of stunt driving according to the Highway Traffic Act, section 172.
Under the law, stunt driving includes excessive speeding and actions like racing, making unsafe lane changes, and performing maneuvers such as donuts or burnouts. In areas where the speed limit is less than 80 km/h, exceeding 40 km/h over the limit (as well as speeding over 50km in Ontario) automatically falls into this category, regardless of the driver’s intent or traffic conditions. This rule is typically applied to suburban and rural roads, where lower speed limits reflect local safety needs.
Legal Aspects of the Charge:
- Enforcement: Law enforcement officers can detect excessive speeding using radar or LIDAR technology or visual estimation.
- Officer discretion: If a driver is caught going 40km over speed limit or more, they can be charged with stunt driving. Officer discretion may also influence the decision to impose additional charges like dangerous driving, depending on factors such as road conditions, traffic density, and the overt nature of the speeding.
- Legal proceedings: Being charged with stunt driving initiates a more complex legal process than a regular speeding ticket. This charge generally requires the driver to appear in court. If stunt driving charges cannot be dismissed or settled, then a trial could potentially follow.
- Burden of proof: In legal proceedings for stunt driving, the prosecution must prove beyond a reasonable doubt that the driver was operating the vehicle at 40 km/h over speed limit or more in areas with a speed limit under 80 km/h. Evidence often includes readings from speed measuring devices, officer testimony, and potentially video or photographic evidence.
Penalties & Fine for Going 40 Over the Speed Limit in Ontario
For drivers caught going 40 over the speed limit in Ontario in areas where the limit is less than 80 km/h, the following penalties apply under the stunt driving category:
First Offence Penalties:
- 6 demerit points
- Potential jail time of up to 6 months
- Fine: ranging from $2,000 to $10,000, plus a 25% victim surcharge
- Immediate 14-day vehicle impoundment right from the point of charge
- Automatic 30-day roadside licence suspension; + an additional 1 to 3 years upon conviction
- Mandatory driver improvement course completion within 60 days of conviction
Second Offence Penalties:
- 6 demerit points
- Potential jail time of up to 6 months
- Fine: from $2,000 to $10,000, plus a 25% victim surcharge
- Immediate 14-day vehicle impoundment
- Immediate 30-day licence suspension, with up to a 10-year suspension upon conviction
- Mandatory driver improvement course completion within 60 days of conviction
Third and Subsequent Offences:
- 6 demerit points
- Potential jail time of up to 6 months
- Fine: from $2,000 to $10,000, plus a 25% victim surcharge
- Immediate 14-day vehicle impoundment
- Immediate 30-day licence suspension; potential for lifetime suspension upon conviction
- Mandatory driver improvement course completion within 60 days of conviction
Additional Consequences:
- Insurance impact: A conviction leads to dramatically increased premiums, potentially necessitating coverage through high-risk insurers, with rates that can be 300% higher or more for 3 to 6 years.
- Licence revocation: Failure to pay fines or complete the driver improvement course can result in an automatic licence suspension.
Check also if you can go to jail for stunt driving in Ontario from our detailed article.
Reduction 40 Over the Speed Limit Ontario (Stunt Driving) to Speeding Tickets: Is It Possible?
While the consequences for driving 40 km over the speed limit are significant, there exists a potential for negotiating these charges down to standard speeding ticket Ontario. However, it may be possible depending on several factors.
Circumstances for Charge Reduction
- Legal negotiations: Effective legal negotiations can often reduce a stunt driving charge to a speeding ticket. Key factors that might influence such a reduction include a clean driving record, the absence of public endangerment at the time of the offence, or discrepancies in the speed measurement reported.
- Plea bargaining: Negotiating a plea bargain with the crown prosecutor can reduce charges. In such cases, the driver might agree to plead guilty to a lesser offence of speeding, thereby avoiding the more serious stunt driving charges..
Penalties for Speeding Over 40 km/h in Ontario (under the speeding charge)
While less severe than stunt driving, penalties for speeding still carry consequences:
- Fines: Fines for speeding 40 over speed limit are substantial but generally less than those for stunt driving. They typically start around $6.00 for each km/h over the limit (acc. to the latest speeding fines table (HTA, Schedule 43), though this amount can vary by jurisdiction within Ontario.
- Demerit points: Speeding at this margin usually adds 4 demerit points to a driver’s record.
- Licence suspension: up to a 30-day licence suspension for G1 & G2 drivers.
- Increased insurance rates: Speeding, particularly at high speeds, often increases car insurance premiums.
Additional Considerations
- Community safety zones: Fines can double if the speeding occurs in a designated community safety zone or a construction zone with workers present.
- Court summons: Exceeding the speed limit by significant margins such as 40 km/h may lead to a court summons, where further penalties could be applied.
Reducing a charge from stunt driving to a standard speeding ticket can significantly lessen the severity of the consequences, such as mandatory vehicle impoundment, long-term licence suspensions, and substantial fines.
For those facing charges for going 40 over the speed limit in Ontario, seeking legal counsel is crucial. Understanding the stunt driving lawyer cost can help you budget for your defence. A lawyer can help clarify the range of potential penalties and develop a tailored strategy for your case, mainly if there’s an opportunity to challenge the accuracy of the charges or negotiate the penalties.
This is where X-COPS can help. Our team of experienced traffic ticket lawyers will stand by your side, offering:
- In-depth knowledge of traffic law;
- Strategic defences that consider factors like your driving history and any possible inaccuracies in speed measurement;
- Skilled legal negotiations to protect your best interests;
- Detailed guidance throughout the legal process.
Choosing X-COPS for your defence brings our extensive legal insight to your case and increases the chances of a more favourable outcome when facing serious traffic charges.
Still weighing your options? Contact us today for a free initial evaluation of your case!