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Stunt Driving

Stunt driving extends beyond mere stunt performance; it fundamentally deviates from normal vehicle operation on highways.

It's an infraction under section 172(1) of the Highway Traffic Act in Ontario.

Notably, driving over 50km/h above the speed limit qualifies as stunt driving under Ontario's revised laws introduced in 2021.

The consequences intensify with subsequent offenses.

Once summoned for stunt driving, understanding the full scope of the situation is crucial.

Consequences of Stunt Driving Charges in Ontario:

Upon being charged, you face an immediate 30-day roadside license suspension, a 14-day vehicle impoundment, and, if convicted, potential penalties include a fine up to $10,000 (plus a 25% victim surcharge), six demerit points, possible jail time, and a license suspension ranging from one to three years. From April 2022, a mandatory driver improvement course is also required.

Stunt driving involves:

Speeding 40km/h or more over the posted limit if under 80km/h;
Speeding 50km/h or more if the limit is 80km/h or above;
Markedly exceeding the speed limit;
Premature left turns at intersections;
Driving at speeds of 150 km/h or higher;
Intentionally causing tire traction loss;
Side-by-side or dangerous proximity driving;
Rapidly distancing from other vehicles;
Driving without due care, as in careless driving charges;
Engaging in behaviors like sled pulling, improper passenger transport, excessive passing, driving from outside the driver’s seat, chasing vehicles, and performing wheel burnouts or wheelies.

Is stunt driving considered a criminal offense in Ontario?

No, it is treated as a provincial offense under the Highway Traffic Act, but the penalties are severe, including potential jail time and mandatory driving courses.

Stunt Driving Penalties:

For a first offense in Ontario:
Six demerit points;
Up to six months in jail;
Fourteen days of immediate vehicle impoundment;
Fines from $2,000 to $10,000 plus a 25% victim surcharge;
Thirty-day immediate license suspension;
One to three years of license suspension upon conviction;
Mandatory driver improvement course.

For a second offense:

Same demerit points and jail time;
Increased potential license suspension up to 10 years;
Mandatory course remains a requirement.

Subsequent offenses can lead to:

Lifetime license suspension upon conviction;
Continuation of prior penalties.

Drivers must complete the improvement course within 60 days of conviction, or face license revocation.

Both fully licensed and novice drivers face these penalties equally, with novices possibly facing immediate suspensions.

Unpaid fines lead to automatic license suspensions.

A stunt driving record severely impacts future auto insurance options, pushing drivers towards high-risk policies with substantial cost increases.

Changes in Stunt Driving Laws as of 2021 and 2022:

Under the Moving Ontarians More Safely Act, the criteria and penalties for stunt driving have been updated, including increased impoundment times and more stringent license suspensions.

What to Do If Charged With Stunt Driving in Ontario?

Cease driving immediately if you've been summoned for stunt driving.
Prepare proof of license reinstatement for court.
Retrieve your vehicle promptly to avoid further costs.
Consider legal representation to contest the charge in court.

Insurance coverage does not extend to those knowingly driving on a suspended license. Reinstating your license before driving is crucial.

Remember, a stunt driving conviction remains on your record indefinitely, affecting future penalties and job prospects in sensitive roles.

Defending Against a Stunt Driving Charge in Ontario:

There's no one-size-fits-all solution, but options include:

Pleading guilty (not recommended);
Contesting the ticket independently;
Engaging a lawyer or paralegal for specialized defense strategies.

Expert legal counsel is invaluable in negotiating reduced charges or penalties in court.

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