What You Need to Know About Stunt Driving Charges in Ontario

Stunt driving is one of the most serious driving offences in Ontario and the penalties associated with it can be life changing. If you’ve been accused of stunt driving, it’s essential to understand the implications of the charge and the legal process involved. We will review what you need to know by providing a comprehensive overview of what stunt driving is, the penalties associated with it, the legal defences available, and how to navigate the legal process if you’re facing this charge. 

What is Stunt Driving?

Stunt driving is described under Section 172 of the Highway Traffic Act in Ontario. It refers to specific dangerous and reckless driving behaviors that could potentially be a risk to public safety. Stunt driving is not only an offense for excessive speeding but also includes a wide various risky maneuvers while driving, such as street racing, aggressive driving, or tire traction related “stunts”.

Top 5 Most Common Types of Stunt Driving

1. Excessive Speeding – The most common type of stunt driving involves excessive speeding. If a driver is caught speeding 50 kmph or more over the speed limit in any zone, this qualifies as stunt driving.  The threshold is lowered to 40 kmph over the limit in zones that are less than 70 kmph.  There is also a rule that the threshold of Stunt Driving is always met at over 150 kmph regardless of the zone.  This is most relevant for 110 kmph zones.

2. Street Racing – Street racing is generally considered to be multiple drivers engaging in high-speed competitions on public roads. This is not limited to organized races, and also applies to something as simple as racing another vehicle when the light turns green – even if one of the vehicles doesn’t participate.

3. Reckless or Aggressive Driving – Behaviors such as weaving in and out of traffic, excessive lane changing, or intentionally blocking or tailgating other vehicles could also lead to stunt driving charges. This is a vague application and can practically be anything that a police officer believes is overly aggressive.

4. Performing Stunts – Actual “stunts” would typically be things like doing a “wheelie” on a motorcycle or driving with someone on the hood, in the trunk or inside the cargo bed of a pickup truck.

5. Loss of Tire Traction – Driving in a manner that causes the tires to lose traction will also be considered “Stunt Driving”.  This could be making your tires spin as you accelerate from a stop, drifting, fishtailing, or just braking so abruptly that your vehicle slides.  This can be related to the condition/age of the tread on the tires in some instances.

Penalties for Stunt Driving in Ontario

The penalties for being caught stunt driving in Ontario are severe and include both immediate and long-term consequences. Let’s break down the penalties you may face if charged with stunt driving.

1. Roadside Licence Suspension – One of the most immediate consequences of being charged with stunt driving is the 30-day licence suspension. Regardless of whether you are eventually convicted or not, your driver’s license will be taken away for 30 days as soon as you are charged. During this period, you will not be permitted to drive.  This is one of the only Highway Traffic Act offences that can carry a life-changing roadside penalty prior to even being found guilty.

2. Vehicle Impoundment – In addition to the license suspension, your vehicle will likely be impounded for 14 days. The impoundment is automatic once a stunt driving charge is laid, and the driver must pay the towing and storage fees associated with the impoundment. These fees can be costly, with the driver being responsible for paying them.  Since the fees associated with this are not regulated, this can be a point of contention if people feel like they are being exploited.  In our experience, the average fees seem to be between about $800.00 and $1200.00 but it depends on the area and the distance of the tow.  Feel free to give us a call if you want to discuss your options if you feel like you are being taken advantage of.

3. Fines – The fines for Stunt Driving range from $2,000 to $10,000 plus surcharge (25%). If you are found guilty, you will be issued a fine which will vary depending on the situation, such as whether it was your first offense, if you were racing, or if the event involved extremely high excessive speeds.

4. Jail Time – While it’s not common for first-time offenders, a conviction for stunt driving can lead to up to 6 months in jail. Jail time is more likely if the stunt driving involved reckless behavior that endangered the lives of others or resulted in an accident. We typically recommend that people do not stress too much about this piece of the possible penalty.

5. Demerit Points – Stunt driving convictions carry 6 demerit points which will be added to your MTO driver’s abstract. Accumulating too many demerit points can result in further penalties, including further licence suspension or having your licence cancelled entirely.

6. Increased Insurance Rates – Being convicted of stunt driving will almost always result in an increase in your auto insurance premiums. Insurance companies view drivers with stunt driving convictions as high-risk, and as a result, your insurance rates will often increase by double or triple what you pay now.

7. Automatic 1-Year Licence Suspension – This is the biggest one for most people.  Stunt Driving carries a mandatory licence suspension for a minimum of 1-year.  This increases dramatically with subsequent repeat offences.  The impact that a 1-year suspension has on most people is very dramatic and will typically cause issues with employment, school, lifestyle and family obligations.  This suspension can only be avoided by finding a way to not get found guilty of Stunt Driving.  This can be a challenge and is part of why handling this matter carefully is so important.

FREE Stunt Driving Results Calculator

Top 5 Legal Defences Against Stunt Driving Charges

If you’ve been charged with stunt driving, you may have several legal defences at your disposal. A skilled traffic ticket lawyer or paralegal can analyze your case, review the evidence, and help you determine the best defence strategy.

1. Lack of Proof – One of the most common defences against stunt driving charges is an angle involving a lack of sufficient evidence. The prosecution must prove beyond a reasonable doubt that you were indeed engaging in one of the criteria of Stunt Driving. If it was speed-related, there may not be clear evidence of your excessive speed, perhaps no radar was used, or maybe the officer did not have a clear line of sight.  If we can cause doubt in the mind of the Judge or Justice of the Peace then the charges might be dismissed.

2. Faulty Radar Gun or Equipment – Radar guns are often used to measure speed, but they must be calibrated correctly to provide accurate readings. If your representative can show that the radar gun used by the police officer was faulty or not properly calibrated, the speed reading might be invalid, and the charge could be reduced or dismissed.

3. No Intent to Perform a Stunt – Some Stunt Driving charges are based on a degree of intent. If we can prove that your actions were not intentional or were a result of circumstances beyond your control, such as slippery road conditions or unexpected mechanical issues, you may be able to argue that you didn’t intend to perform a stunt. An example of this could be that you “drift” around a corner because of ice on the roads.

4. Emergency Maneuvers – On occasion, a driver can find themselves in a situation where they may have to act quickly, even recklessly, to avoid an accident or other danger. If the reason for your “aggressive” driving was to avoid a collision or to respond to an emergency scenario, your paralegal or lawyer could argue that your actions were justified and even required.

5. Mistaken Identity or Error by Police Officer – If the police officer mistakenly identified you as the driver involved in the stunt driving incident, your defence lawyer or paralegal may be able to argue that the charge should be dropped. This is generally only going to be applicable when the charges are laid some time after the event, and you are not charged at the time of the incident. Similarly, if the officer misinterpreted your actions, such as assuming you were racing when you were merely trying to overtake another vehicle safely, there could potentially be room to negotiate or defend against the charge.

Steps for Navigating the Legal Process

If you are charged with stunt driving, understanding the legal process is crucial. Here’s what you can expect when facing a stunt driving charge.

1. Receiving the Summons Notice – When charged with stunt driving, the first thing you’ll do is receive a Summons Notice. This notice will outline the specific charge against you and provide you with information about the court appearance.  This will generally be given at the same time that your vehicle is impounded and you are given a 30 day roadside licence suspension.

2. Consult with a Lawyer or Paralegal – It is always a good idea to consult a traffic lawyer or paralegal as soon as you’re charged with stunt driving. Not only will they help calm you down by giving you some perspective on what is likely an emotionally charged situation, they will help you understand the evidence, identify possible defences, and guide you through the court process. Having legal representation will generally increase your chances of reducing or dismissing the charges.  Stunt Driving is the most common offence that we assist people with and that amount of experience allows us to give you a pretty good idea about how your specific case will go.

3. Pre-Trial Hearings – These cases will usually involve a number of court hearings before it will conclude.  They will begin with the summons date listed on your notice, but there will typically be a few more hearings after that.  During this time, your representative will be busy reviewing disclosure and building your defence.

4. Meetings with the Prosecutor – Once your disclosure (the evidence against you) is provided to us by the Prosecutor, we will be able to conduct a series of meetings with them to discuss our defence and potentially negotiate a resolution.  A resolution will often be in the form of a reduction of the charge (a “plea deal”) so that we can change Stunt Driving to something much less serious.

5. Trial – If the Stunt Driving case proceeds to trial, both the prosecution and defence will present their arguments and evidence. Your representative may challenge the evidence presented by the police and cross-examine the officer. At the end of the trial, the judge or justice of the peace will decide whether you are guilty or not guilty.

6. Appeals – If you are found guilty and sentenced, you may have the option to appeal the decision. An appeal allows you to request a higher court to review the decision, looking for legal errors or mistakes that may have led to an unfair conviction. Appeals are complicated and there must be valid grounds.  If you would like to discuss the potential of an appeal, it would be best to consult the representative that assisted you with your case.

Final Thoughts

It is important to realize that you have options and that things may not be as bad as you first thought.  Approaching the situation with a rational and calm mind will be critical so that you make the best decisions and get the help you need.  Stunt driving charges in Ontario carry significant penalties, and the consequences can affect every aspect of your life, from your driving privileges to your financial well-being. If you’ve been charged with stunt driving, it’s essential to take the matter seriously once you have had a chance to process everything and seek legal assistance as soon as possible.

The cost of hiring a skilled traffic ticket lawyer or paralegal is sometimes assumed to be outside of someone’s budget, but you may be surprised.  A company like ours is able to offer payment plans with no interest, and the fees may be a lot less than you think.  Ultimately, the idea behind hiring a representative is that you will SAVE money.  By achieving a positive outcome, you could be looking at saving thousands in fines, insurance and potentially save your job. Regardless of the specifics of your situation and case, navigating the legal system is complex, and having professional legal guidance is always recommended.  We would be happy to provide you with some advice and a free quote for what it would cost to have our office defend you against your stunt driving charge.

The Ticket Shield office has been successfully assisting our clients with Stunt Driving charges for over 10 years.  These cases make up a large portion of our cases, which means in a lot of ways, we have “seen it all”.  We have had the chance to develop unique strategies, build relationships with prosecutors and test more creative solutions that many firms may not have even considered.  You will be represented by a team that has earned a reputation for being experienced, stubborn and persuasive in the eyes of the court.  This means we can leverage our professional relationships with prosecutors, reference a wealth of prior case results and use strategies that have worked before.  Our goal is always to fully eliminate the charge, but if that is not possible, we have a proven track record of reducing Stunt Driving charges to much less serious offences. More broad information about how we can help with Stunt Driving is available HERE.

The reputation of our office has meant that we have been relied on as experts in our field by various news outlets.  This has meant that we’ve been featured as special guests on various CTV News broadcasts as well as CBC radio shows to sometimes speak specifically about Stunt Driving.  Feel free to listen to an example of that here:

A licenced court representative is available to speak with you for a FREE consultation at 1-855-561-3699 toll-free, email us at [email protected] OR Request a quote online.

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