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Stunt driving

Facing a stunt driving charge in Ontario

The penalties start at the roadside, before you ever see a courtroom, and a conviction is among the most serious outcomes under the Highway Traffic Act. This guide explains how the law works and what to do next.

Ontario's offence of stunt driving comes from section 172 of the Highway Traffic Act. It covers driving a motor vehicle on a highway while performing a stunt, as well as in a race or contest or on a bet or wager. A regulation, O. Reg. 455/07, defines "stunt", and the definition is much broader than tire-squealing in a parking lot. Many charges begin with a speed reading.

What the law treats as a stunt

Section 3 of that regulation contains the list, and speed is the most common way onto it. These are the thresholds:

Speed limit on the roadDriving at this speed is a stunt
Less than 80 km/h40 km/h or more over the limit
80 km/h or more50 km/h or more over the limit
Any road150 km/h or more

Driving 90 km/h in a 50 zone or 130 km/h in an 80 zone could therefore result in a stunt charge.

Speed is not the only trigger. The list also includes:

  • driving that shows an intention to spin the vehicle, to break the tires' traction in a turn, or to lift the tires from the road;
  • staying in the oncoming lane beside another vehicle for longer than a pass requires;
  • carrying a person in the trunk;
  • driving from somewhere other than the driver's seat;
  • aggressive driving without due care, in several forms. Examples are deliberately preventing another vehicle from passing, cutting in front of a vehicle to force it to stop or slow down, and getting as close as possible to a vehicle, pedestrian or object with no justification.

Races and contests are another branch of section 172, with their own definition in section 2 of the regulation. Chasing another vehicle qualifies. So does weaving through traffic, or two or more vehicles driving in a way that shows a competition, in either case at a marked departure from the lawful speed. The regulation's reach has also grown: several of these behaviours now apply in "specified places" like parks, trails, beaches and parking lots, as well as on public roads.

The roadside penalties

Section 172 tells the officer what to do once there are reasonable and probable grounds to believe you were stunt driving or racing: ask for your licence and detain the vehicle. Before any court is involved, two consequences take effect:

  • 30-day licence suspension. The clock starts the day your licence is requested, even if you can't produce it.
  • 14-day impoundment. It happens even if the car belongs to someone else, and the cost and risk fall on the owner. Towing and storage must be paid before the impound facility has to give the vehicle back. An owner left with those costs can sue the driver for them.

The officer has to hand you two notices, one for the suspension and one for the impoundment. Between them they tell you the start date and length of each, and the place to recover the vehicle. Don't lose them.

Finishing the 30 days does not finish the case. You get no hearing before these roadside penalties and cannot appeal them, and the law does not treat them as a replacement for the charge. You still have to deal with the charge in court.

Penalties on conviction

A court date is the likely next step, because these charges typically begin with a summons instead of a ticket that can be paid. On a summons, the province says, attendance by you or your representative is required. Section 172 provides for these consequences on conviction:

PenaltyWhat applies
FineMinimum $2,000, maximum $10,000.
JailAs much as six months, with or in place of the fine.
Suspension, first convictionOne-year minimum, which the court can lengthen to as much as three years.
Suspension, second convictionThree-year minimum, which the court can lengthen to as much as ten years.
Suspension, third or later convictionIndefinite. The Registrar may shorten it only in prescribed circumstances, and never where it follows a fourth or later conviction.
Demerit points6. They go on your record even if the court also suspends your licence, which is not how most offences work.
Driver improvement courseThe province says it is mandatory after conviction.

What counts as a "second" or "third" conviction depends on the sequence of convictions. For suspension purposes, a gap of more than ten years since the last conviction makes the new one a first conviction again, subject to the Act's transition and exception rules.

What it means for insurance and new drivers

Ontario itself warns of the insurance fallout: after a conviction for aggressive, careless or stunt driving, expect rates to rise substantially, or you could become uninsurable. Your driving record is what insurers rely on, and the standard three-year record will show a stunt conviction.

Novice licence holders (G1, G2, M1, M2) face an added layer. Ontario's escalating sanctions for new drivers apply to any offence worth four or more demerit points, and this one is worth six. Details are in our G2 and novice driver guide.

How these charges are defended

No two cases have the same evidence, yet the steps tend to repeat:

  1. Obtain disclosure and read it. You have a right to the relevant information the prosecution holds on your charge. Expect the officer's notes, an account of how the driving or speed was observed, and video if there is any. Then compare those facts with the wording of the regulation, including the threshold that applies on that road.
  2. Challenge the speed reading. A charge may rely on radar, laser or an officer pacing your car. Useful questions are whether the device was tested before and after use, whether the officer had training on it, what the distance and conditions were, and whether the right target was identified. Holes in this evidence can carry real weight at trial.
  3. Confirm the limit. Everything depends on the limit at that exact location, so look at signs, zone changes and construction areas.
  4. Talk to the prosecutor. Your record and the strength of the evidence may open the door to a plea to something less, like ordinary speeding, and that avoids the stunt driving suspension. There is no guarantee, and whether to accept is your call once you have all the information.
  5. Go to trial. If no fair resolution is on offer, the prosecution must prove the charge at trial.

For how Ontario courts have handled these issues, browse our case law library. To see where your case will be heard, use our court directory. Neither is a substitute for advice on your own file.

What to do after the stop

  1. Do not drive until the 30 days are over. Driving while suspended is its own serious charge.
  2. Mark your court date and get advice long before it arrives, so there is time to request and go through disclosure.
  3. Hold on to all the paperwork: summons or ticket, suspension notice, impound notice, towing and storage receipts.
  4. Record your memory of the stop soon: the road and its posted limit, weather and traffic, the police vehicle's position, and the officer's explanation of how your speed was measured.
  5. Preserve evidence such as dashcam video, GPS or app data, and the names of witnesses.
  6. Stay quiet about it. No social media posts, and discuss the details only with your representative.

Our services page covers how we can help.

Sources

General information only, not legal advice.

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