Speeding through Ontario? Think twice before pushing the pedal 50km over speed limit – this isn’t just speeding, it’s stunt driving, and it’s serious. With stringent penalties that can impact everything from your wallet to your driving privileges, knowing the stakes has never been more crucial. Strap in as we break down the real cost of racing past the speed limit in Ontario.
Speeding Over 50km in Ontario: Understanding the Law
In Ontario, driving 50 km/h or more over the speed limit generally falls under the category of stunt driving charge according to the Highway Traffic Act. This severe charge is applied due to the dangerous nature of such high speeds, which significantly increase the risk of accidents and endanger public safety.
Legal Framework of the Charge:
- Statutory basis: The charge of stunt driving for exceeding the speed limit by 50 km/h or more is grounded in Section 172 of the Ontario Highway Traffic Act.
- Definition of stunt driving: Under the law, stunt driving includes not only excessive speeding but also actions like racing, making unsafe lane changes, and performing donuts or burnouts. However, in instances where the posted speed limit is 80 km/h or higher, exceeding 50 km/h over speed limit in Ontario automatically falls into this category, regardless of the driver’s intent or traffic conditions. This particular definition often applies to high-speed roads, such as highways, where high speeds are more common but equally hazardous.
- Enforcement and officer discretion: Officers can detect excessive speeding visually and with radar or LIDAR technology. If a driver exceeds the speed limit by 50 km/h or more, if the limit is 80km/h or more, they can be charged with stunt driving. However, an officer’s discretion can also lead to additional charges like dangerous driving, depending on traffic conditions, weather, and the driver’s behaviour.
- Legal proceedings: Being charged with stunt driving initiates a more complex legal process than that for a regular speeding ticket. The charge typically requires the driver to appear in court, and it is treated as a serious offence within the legal system. 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 speeds 50km over speed limit or more. Evidence presented often includes speed measuring device readings, officer testimony, and sometimes video or photographic evidence.
Penalties & Fines for Driving 50 km Over Speed Limit Ontario
As mentioned, 50km over speed limit in Ontario qualifies as stunt driving. So, here is a breakdown of the penalties according to the Highway Traffic Act:
First Offence Penalties:
- 6 demerit points
- potential imprisonment for up to 6 months
- fine: from $2,000 to $10,000, plus a 25% victim surcharge
- mandatory 14-day vehicle impoundment right from the point of charge
- automatic 30-day roadside licence suspension; + 1 to 3 years upon conviction.
- mandatory driver improvement course (must be completed within 60 days of conviction)
Second Offence Penalties:
- 6 demerit points
- potential jail time for up to 6 months
- fine: from $2,000 to $10,000, plus a 25% victim surcharge
- 14 days of immediate vehicle impoundment
- Immediate 30-day licence suspension, with up to a 10-year suspension upon conviction.
- mandatory driver improvement course (must be completed within 60 days of conviction)
Third and Subsequent Offences’ Penalties:
- 6 demerit points
- potential jail time for up to 6 months
- fine: from $2,000 to $10,000, plus a 25% victim surcharge
- 14 days of immediate vehicle impoundment
- immediate 30-day licence suspension; + lifetime suspension upon conviction.
- mandatory driver improvement course (must be completed within 60 days of conviction)
Additional consequences:
- Severe insurance rate increases: Conviction leads to dramatically increased premiums, potentially requiring coverage through high-risk insurance providers at rates 300% higher or more for 3 to 6 years.
- Licence revocation: Failure to pay fines or complete the driver improvement course can result in automatic licence suspension.
Reducing 50 Over Speed Limit Ontario (Stunt Driving) to Speeding Tickets: Is It Possible?
As you can see, in Ontario, driving 50 km/h or more over the speed limit carries severe penalties. However, there is an option to negotiate these charges down to less severe speeding tickets. This potential reduction usually depends on several factors, including the circumstances of the offence, the evidence available, and legal representation.
Circumstances for Charge Reduction
- Legal negotiations: A reduction from stunt driving to speeding is possible through skilled legal negotiations, especially if there are mitigating factors such as a clean driving record, lack of endangerment to the public, or issues with the accuracy of the speed measurement.
- Plea bargaining: Plea bargaining with the crown prosecutor can reduce charges, and the driver may plead guilty to speeding instead of stunt driving.
Penalties for Speeding 50 Over Ontario (Under the Speeding Charge)
In Ontario, the exact penalties and fines for speeding can vary depending on how much over the speed limit you were driving. For speeding 50 km/h or more over the speed limit, here are the general consequences:
- Fines: The fines for speeding 50 km/h or more above the speed limit are significant. They start at approximately $9.75 for each km/h over the speed limit, but the exact amount can vary based on the jurisdiction within Ontario (check Ontario speeding fines) and the specific circumstances of the violation. This can result in fines ranging from several hundred to a few thousand dollars.
- Demerit points: Speeding by 50 km/h or more typically results in 6 demerit points being added to your driving record.
- License suspension: The driver’s licence can be suspended for up to 30 days.
- Increased insurance rates: Speeding violations, especially severe ones, generally lead to increased car insurance premiums.
Additional Considerations:
- Community safety zones: Fine for driving 50 km over speed limit in Ontario can be doubled if the speeding occurs in a community safety zone or a construction zone with workers present.
- Court summons: In some cases, exceeding the speed limit by such a significant margin may result in a summons to court rather than a simple traffic ticket, where additional penalties might be applied.
Reduction to a speeding charge helps avoid the harsher penalties of stunt driving such as mandatory vehicle impoundment, extensive license suspensions, and higher fines. That’s why for anyone facing Ontario 50 over speed limit charges, it is advisable to consult with a stunt driving lawyer to understand the full scope of potential penalties and to develop an appropriate response strategy, especially in cases where there might be room to challenge the charges or negotiate the penalties.
This is where X-COPS can assist. With our experienced lawyers at your side, you can benefit from:
- Expertise in traffic law;
- Strategic defence, focusing on mitigating factors such as driving history and potential measurement inaccuracies;
- Professional legal negotiations protecting your interests;
- Comprehensive guidance through the legal process.
Choosing X-COPS for your defence not only brings our legal expertise to the table but also enhances the likelihood of achieving a favourable outcome in reducing serious traffic charges.
Still considering your options? Contact us today for a free initial assessment of your case!