Stunt Driving Charge Ontario – Highway Traffic Act
Stunt driving is not only performing a stunt; there is much more of what qualifies as stunt driving in Ontario. In short, it is a departure from the normal operation of a motor vehicle on the highway.
It is an offence against traffic laws covered in section 172(1) of the Highway Traffic Act in Ontario.
Basically, anyone who exceeds the speed limit by more than 50km/h over the posted speed limit can get a stunt driving traffic ticket (according to the stunt driving Ontario new laws that came into force in 2021).
If it’s not your first stunt driving offence, the consequences will be way too harsher.
So, once you’ve got a summon to court for stunting, you must know all the details. Let’s take a look at them more closely!
What happens when you get charged with stunt driving in Ontario?
In short, you’ll be subjected to an immediate 30-day roadside licence suspension, 14 days of vehicle seizure, and upon conviction, a maximum fine could be up to $10,000 (+ 25% victim surcharge); also you’ll get 6 demerit points, possible jail time and licence suspension from 1 to 3 years. Moreover, since April 2022, you must complete a driver improvement course.
Section 172 (1) of the Highway Traffic Act states that no one is allowed to drive a motor vehicle on a highway in a manner of contest or race while doing stunts or on a bet.
What is considered stunt driving in Ontario:
- Speeding 40km/h or more over the posted speed limit if the limit is less than 80km/h;
- Speeding 50km/h or more over the posted speed limit if the limit is 80km/h or more;
- Driving a car at a rate of speed that is a marked departure of the speed limit. “marked departure from the lawful rate of speed” means a rate of speed that may limit the driver’s ability to adjust to changing circumstances on the highway prudently”.
- Driving a motor vehicle at a rate of speed 150 km/h and more;
- Attempting to turn left at an intersection before the opposite direction traffic had an opportunity to pass first and safe;
- Driving with the driver’s sole intention to cause some or all tires to lose traction with the surface of the highway;
- Driving 2 or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle;
- Racing by distancing yourself from other vehicles with rapid acceleration;
- Driving without due care and attention or without reasonable consideration for other vehicles on the highway;
- Pulling sleds, carrying persons in the cab of the pick-up truck or regular trunk;
- Passing one or more vehicles at the rate of speed exceeding the speed limit;
- Driving a motor vehicle while not sitting in the driver’s seat;
- Chasing another vehicle (not to be confused with careless driving in Ontario);
- Trying to step out of the motor vehicle by letting go of the steering wheel or standing on the motor bicycle;
- Any type of wheel burnout, doughnuts or popping a wheelie on the motorcycle.
Is stunt driving a criminal offence in Ontario?
NO, stunt driving is not a criminal offence. It falls under the purview of the Highway Traffic Act, section 172(1). But, penalties for performing a stunt are severe, including jail time and obligatory driver improvement courses.
Stunt Driving Penalties
According to the Highway Traffic Act Ontario stunt driving penalties may include:
Penalties for stunt driving first offence in Ontario:
- (6) six demerit points;
- jail time up to six (6) months;
- (14) fourteen days immediate motor vehicle impoundment;
- minimum fine – $2,000 and up to $10,000 plus 25% victim surcharge for the first time;
- mandatory roadside licence suspension for thirty (30) days;
- driver’s licence suspension upon conviction: from 1 to 3 years;
- mandatory driver improvement course.
Penalties for stunt driving – second offence, Ontario:
- (6) six demerit points;
- jail time up to six (6) months;
- (14) fourteen days immediate motor vehicle impoundment;
- minimum fine – $2,000 and up to $10,000 plus 25% victim surcharge;
- immediate licence suspensions for 30 days;
- driver’s licence suspension upon conviction: for up to 10 years;
- mandatory driver improvement course.
Third offence and subsequent:
- (6) six demerit points;
- jail time up to 6 months;
- immediate motor vehicle impoundment for 14 days;
- minimum fine – $2,000 and up to $10,000 plus 25% victim surcharge;
- immediate licence suspensions for 30 days;
- lifetime driver’s licence suspension upon conviction;
- mandatory driver improvement course.
*The driver improvement course must be completed within 60 days of conviction. Otherwise, the driver’s license will be revoked.
Fully licensed and novice drivers face the same penalties for stunt driving in Ontario. However, G2 drivers may face additional consequences upon conviction, such as an automatic 30-day license suspension.
Failing to pay your fine for these offences will result in automatic driver’s licence suspension.
Having a record for performing a stunt on the highway will impede your ability to get auto insurance in the future, prompting you to pay high-risk insurance companies that charge at least 300% or more per month for at least 3 – 6 years! Insurance rates will be hugely inflated!
New Stunt Driving Laws in Ontario – What Changed?
In July 2021 and April 2022, the Ontario government introduced new measures against stunt driving, street racing, unsafe and dangerous driving under the Moving Ontarians More Safely Act (known as the MOMS Act).
| Stunt driving law changes | New stunt driving laws Ontario | Previous version |
| Speed limit | The drivers caught driving 40 km/h over the speed limit on the roads with a posted speed limit of less than 80 km/h will face stunt driving charges. | The drivers caught driving 50 km/h over the speed limit on the roads with a posted speed limit of less than 80 km/h will face stunt driving charges. |
| Immediate vehicle impoundment | 14 days | 7 days |
| Roadside driver’s licence suspension | Anyone charged with stunt driving will face a 30-day roadside driver’s licence suspension. | Anyone charged with stunt driving will face a 7-day roadside driver’s licence suspension. |
| Driver’s licence suspension (upon conviction) |
|
|
| Driver improvement course | Mandatory, within 60 days of conviction | No need to complete |
Also, from 12 Sep 2021, section 172 of the Highway Traffic Act is applied to some off-road locations: parking lots, bike paths and trails.
Parking lots include:
- any public or private parking lots, garages or structures;
- any commercial, private or industrial parking lot or any other empty lot that the public doesn’t have access to;
- any parking lot with or without paid access, no matter whether payment is made by the driver or the driver entered it without permission.
Please note, that section 172 of the Highway Traffic Act does not apply to race tracks, motor speedways and go-cart tracks (places that are designated for stunts and street racing).
What To Do If You’ve Been Charged With Stunt Driving In Ontario?
- Immediately after getting an invitation to court for stunt driving stop using your vehicle under any circumstances.
- Before going to court prepare proof that your driver’s licence has been reinstated (if possible). This will give you a chance to resolve your case for a speeding offence.
- Try to recover your motor vehicle as soon as possible to avoid expensive towing and storage fees and possible charges for driving while under suspension.
- You can appear in court in person or hire a professional stunt driving lawyer to appear on your behalf and fight your traffic ticket.
*Insurance companies do not cover motorists who knowingly decide to drive a motor vehicle while suspended. Reinstating your driver’s licence before getting behind the steering wheel is essential, even if you have to drive for work the next day.
Important: if you have even one conviction, it won’t disappear from your driving record after 3 years. It’ll stay with you forever. Hence, subsequent offences will result in higher fines and more severe penalties.
At the same time, if you already have a record, it can seriously hinder your ability to apply for jobs in governmental institutions (where a perfect driving record is a must) in the future.
Fighting Stunt Driving Charge in Ontario: Your Options
Frankly speaking, there is no universal strategy. But anyway, if you’ve got this traffic ticket, there are three options for you:
- Plead guilty and pay the ticket (not recommended).
- Fight your stunt driving ticket alone (read the detailed instruction below in the next section).
- For your best defence get legal advice and hire a stunt driving lawyer or paralegal, who will prepare an effective strategy and all documents on your behalf.
Please note that an experienced lawyer knows how to negotiate in court to reduce the offence or get stunt driving charges dropped.
How to Fight Stunt Driving in Ontario: Step-By-Step Process
If you choose to fight stunt driving ticket alone, here is a brief guide:
- File the ticket within 15 days: You must file your stunt driving ticket within 15 days of receiving it to ensure you’re able to request a trial. Failure to do so could result in a conviction without a chance to present your case.
- Request a trial: On the specified court date, appear in court and formally request a trial. This step initiates the legal process and allows you to contest your stunt driving charge.
- Request disclosure (evidence): After requesting a trial, ask for disclosure from the prosecutor. This includes the evidence the police and prosecution will use against you, such as radar data, officer notes, or witness statements. Review this information carefully to identify inconsistencies or mistakes.
- Prepare documents for plea negotiations: If you don’t have legal representation, gather all necessary documents, such as proof of licence reinstatement or any other relevant information that may help in plea negotiations. This can improve your chances of negotiating the charge down to a lesser offence.
- Prepare questions for the police officer: Before the trial, formulate specific questions for the police officer and any witnesses. Your questions should focus on uncovering inconsistencies in the officer’s account or any errors in how the evidence was gathered (e.g., speed measurement). The goal is to cast doubt on their version of events.
- Challenge the evidence: At trial, challenge the prosecution’s evidence by questioning the validity of the radar equipment, officer’s notes, and any witnesses. Your defence should demonstrate that the officer’s account of the situation was incorrect or unreliable.
- Present your defence: Your defence should aim to demonstrate that the situation was not as the officer described. If you can prove that certain facts differ from the police account, you increase your chances of having the charge reduced or dismissed.
- Attend court multiple times: Expect to attend court between 1 and 3 times to resolve the case. Each court appearance may be for different stages, such as a pre-trial, plea negotiation, or trial.
- Consider legal representation: If the case is complex or you’re unfamiliar with court procedures, having a lawyer can significantly improve your odds of success. They can negotiate with the prosecutor, challenge evidence, and present a solid defence on your behalf.
When it comes to fighting stunt driving charges, make sure to do research about previously resolved cases. This can help you understand what evidence and arguments the court uses to make a decision.
Stunt driving defence is very delicate. The whole process is quite stressful and requires a cold mind and a professional approach. Any wrong (even small) step, in the beginning, can lead to conviction or can have a poorer outcome than it could be.
Thus, in this case, the best strategy is to consult with a knowledgeable stunt driving lawyer or paralegal and get legal advice.
X-COPS deals with stunt driving tickets almost every day, so we’re ready to provide you with professional legal representation and deliver the best possible result. Just make a call today!