Being stopped for stunt driving in Ontario can quickly become a stressful experience. Many think they’ll just get a speeding ticket but instead find out that their licence is going to be suspended and their car is going to be towed. For many drivers, this creates significant problems with travelling to work, medical appointments, or other obligations that rely on them having access to their vehicle.
Ontario has very strict laws regarding stunt driving and street racing. Knowing what constitutes stunt driving, the fines you’ll pay, and what happens after you’ve been charged can allow you to better plan your actions moving forward.
What Qualifies as Stunt Driving in Ontario?
Section 172 of the Highway Traffic Act addresses stunt driving involving motor vehicles on highways. While most people associate stunt driving with street racing, dangerous manoeuvres or excessive speeding can also result in a stunt driving charge.
In Ontario, you could be charged with stunt driving for:
- Exceeding the speed limit by 40 km/h or more in areas where the speed limit is less than 80 km/h.
- Exceeding the speed limit by 50 km/h or more in areas where the speed limit is 80 km/h or greater.
- Operating your vehicle at speeds of 150 km/h or greater, regardless of the posted speed limit.
- Engaging in street racing (the actual racing of vehicles).
- Engaging in a number of hazardous manoeuvres behind the wheel, such as causing a vehicle to spin, blocking a vehicle from passing, etc.
An example would be operating a vehicle at 100 km/h in a zone with a posted 60 km/h speed limit. Another example would be operating at 150 km/h on a highway with a posted 110 km/h speed limit.
The complete list of offences is detailed within Ontario Regulation 455/07.
Immediate Roadside Penalties Following a Stunt Driving Charge
There are generally two immediate penalties you will encounter after being charged with stunt driving.
30-Day Driver’s Licence Suspension
Your driver’s licence will be suspended for 30 days.
That means you will be prohibited from driving for the duration of the suspension, whether you have to travel for work, school, or personal or family reasons. If you drive while suspended, you can be subject to further sanctions and create future difficulties for yourself.
The roadside suspension of your licence is independent of any licence suspension related to a guilty plea or finding of guilt.
14-Day Vehicle Impoundment
The vehicle involved in the alleged offence will be impounded for 14 days.
Impoundments apply regardless of whose vehicle you were driving (e.g., your own vehicle, your friend’s vehicle, your parent’s vehicle, etc.).
Vehicle owners may be liable for towing and storage fees, which can greatly increase an individual’s overall cost of dealing with the issue.
Please contact the towing or impounding company to learn the exact location of your vehicle, the method of releasing your vehicle, and any applicable fees.
What Are the Penalties for Stunt Driving in Ontario?
The penalties for being found guilty of stunt driving in Ontario are much more severe than those typically faced when an individual is issued a regular speeding ticket.
According to the Government of Ontario’s guidelines for speeding and aggressive driving, a conviction can result in fines ranging from $2,000 to $10,000, six demerit points, completion of a driver improvement program, licence suspension, and up to six months of incarceration.
When determining an appropriate penalty, the court reviews the circumstances surrounding the offence.
Licence Suspensions After a Conviction
Ontario takes progressively harsher measures against drivers who are convicted multiple times for stunt driving.
| Conviction | Possible Licence Suspension Length |
| First conviction | 1–3 years |
| Second conviction | 3–10 years |
| Third conviction | Lifetime, possibly reduced to 10 years if eligibility criteria are satisfied |
| Fourth or subsequent conviction | Lifetime, with no possibility of early reduction |
These licence suspensions are separate from the original 30-day roadside suspension. Even a single conviction can have long-term impacts on an individual who requires their vehicle to earn income.
Does Stunt Driving Impact Your Car Insurance Rates?
A conviction for stunt driving can negatively impact your auto insurance premiums. Auto insurers base their premium determinations upon your past history as a driver. A conviction involving a licence suspension may place you in the “high-risk” category.
This can lead to dramatically increased premiums, difficulty obtaining reasonable insurance rates, and potentially difficulties with insurance renewal.
These increased costs may exist far beyond the initial fine and suspension. Drivers who commute long distances and require their vehicles for employment may struggle even more with these added expenses.
Is Stunt Driving Considered a Crime Under Ontario’s Laws?
Generally, stunt driving under the Highway Traffic Act is considered a provincial offence rather than a criminal offence under Canada’s Criminal Code.
A conviction for stunt driving will not normally result in a criminal record. However, depending on the circumstances surrounding the event, separate criminal charges may also arise. For example, allegations of dangerous driving, impairment, or collisions resulting in injury or death may give rise to separate criminal matters.
You should clearly understand both what you are being accused of and what could happen as a result of each charge.
What Happens After I Am Charged With Stunt Driving?
Once the roadside sanctions have taken place, the remainder of the legal process continues.
You will receive paperwork describing the charge and detailing the necessary steps you must undertake before appearing in court.
Carefully read this paperwork. It may detail key dates and instructions regarding your appearance in court.
Based on your situation and those of others involved, there are likely numerous factors at play regarding your case.
Evaluating the Evidence
Some examples of evidence used in cases alleging stunt driving include:
- Police officer notes
- Speed readings made using radar or laser guns
- Dash cam footage
- Witness statements
- Information relating to the condition of the roadway and posted speed limits
A lawyer can evaluate the disclosure package provided by the Crown to determine what evidence exists that supports the charge and what aspects of the evidence may provide grounds for challenging the charge, where relevant.
Appearances in Court
Depending on the nature of your case, you may need to appear at least once, or multiple times, before your matter is settled.
During the trial process, the Crown must demonstrate that all elements of the alleged offence have been proven. You are entitled to dispute any evidence presented by the Crown and defend yourself as needed.
Ultimately, your matter will be determined based on the facts, the quality of available evidence, and applicable legislation.
Receiving a Stunt Driving Charge Does Not Automatically Mean You Are Guilty
Although receiving a stunt driving charge doesn’t guarantee that you will ultimately be found guilty, there are many factors that determine the final verdict and resolution.
Can I Defend Against a Stunt Driving Charge in Ontario?
Individuals charged with stunt driving may have legal avenues open to them to pursue. Ultimately, these depend on the specifics of the charges and the evidence gathered by police.
For instance, questions may arise around the accuracy of a speed reading, the identity of the driver, the posted speed limit for the area, or actions performed by the driver while operating the vehicle.
A lawyer may assess any procedural opportunities and speak with prosecutors to explore possible resolutions for your matter.
However, each case is unique, and defences that apply in one circumstance may not apply in another.
Obtaining professional counsel early on allows you to develop an understanding of your defence options and prepare for any upcoming court proceedings.
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you are seeking legal representation, contact Nirwal Law for a free consultation. We’re here to help.
