Stunt Driving is one of the most serious offences that can be issued by police under Ontario’s Highway Traffic Act. Even before setting foot in a courtroom to argue your defence there are penalties that can severely impact your life. There will be financial penalties, court penalties, as well as licensing and insurability problems that can impact your personal and professional responsibilities. If you’ve been charged by the police, you’re going to need to seek out critical information to make sure that you are making informed decisions to avoid legal missteps and protect your interests.
Let’s take a look!
What Is Stunt Driving?
One of the most common grounds under which a Stunt Driving offence can be issued is travelling at a rate of speed 50 km/h or more over the posted speed limit. Prior to Stunt Driving laws going into effect, travelling at 50 km/h over the posted speed limit simply resulted in a Speeding offence under section 128 of Ontario’s Highway Traffic Act (HTA).
The fine for a simple speeding offence is calculated as follows under HTA s.128(14):
- is less than 20 kilometres per hour over the speed limit, to a fine of $3 for each kilometre per hour that the motor vehicle was driven over the speed limit;
- is 20 kilometres per hour or more but less than 30 kilometres per hour over the speed limit, to a fine of $4.50 for each kilometre per hour that the motor vehicle was driven over the speed limit;
- is 30 kilometres per hour or more but less than 50 kilometres per hour over the speed limit, to a fine of $7 for each kilometre per hour that the motor vehicle was driven over the speed limit; and
- is 50 kilometres per hour or more over the speed limit, to a fine of $9.75 for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (7).
Fines Following A Stunt Driving Ticket
Fines for speeding in a construction zone where workers are present are elevated to twice the normal amount under HTA s.128(14.1):
- is less than 20 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (a) for each kilometre per hour that the motor vehicle was driven over the speed limit;
- is 20 kilometres per hour or more but less than 30 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (b) for each kilometre per hour that the motor vehicle was driven over the speed limit;
- is 30 kilometres per hour or more but less than 50 kilometres per hour over the posted speed limit, to a fine of double the fine set out in clause (14) (c) for each kilometre per hour that the motor vehicle was driven over the speed limit; and
- is 50 kilometres per hour or more over the posted speed limit, to a fine of double the fine set out in clause (14) (d) for each kilometre per hour that the motor vehicle was driven over the speed limit. 2005, c. 26, Sched. A, s. 17 (8).
It is important to note that these fines are also subject to a $5.00 court cost plus the victim fine surcharge as follows:
| Fine Range ($) | Surcharge ($) |
| 0-50 | 10 |
| 51-75 | 15 |
| 76-100 | 20 |
| 101-150 | 25 |
| 151-200 | 35 |
| 201-250 | 50 |
| 251-300 | 60 |
| 301-350 | 75 |
| 351-400 | 85 |
| 401-450 | 95 |
| 451-500 | 110 |
| 501-1000 | 125 |
| Over 1000 | 25% of actual fine |
Older speeding offences carried no more than a potential 30-day suspension at court for rates of speeding 50 km/h or more over the posted speed limit. However, the following license suspensions can currently be issued under HTA s.128(15):
(15) Subject to subsection 207 (7), where a court has convicted a person for a contravention of this section and has determined that the person convicted was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, the court may,
(a) suspend the driver’s license of the person for a period of not more than 30 days;
(b) upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s license of the person for a period of not more than 60 days;
(c) upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s license of the person for a period of not more than one year. 2005, c. 26, Sched. A, s. 17 (9).
A speeding offence at 50 km/h or more over the posted speed limit also carries a record of conviction with 6 demerit points against the defendant’s driving record. Such a conviction can have a very serious impact on insurance rates including being forced to seek out very expensive high-risk insurance.
Stunt Driving (also referred to as Race Motor Vehicle) came into effect in 2007 under HTA section 172 with further specific regulations enacted under Ontario Regulation 455/07. The simplest definition of Stunt Driving falls under HTA s.172(1) as follows:
What are Races and Stunts That Can Lead To A Stunt Driving Charge?
172 (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 2007, c. 13, s. 21.
Even to the non-legal eye this definition is suspiciously brief and ambiguous. If this single sentence definition raised your eyebrow and created more questions than answers, you’re absolutely correct. To find out what exactly defines ‘a race or contest’ or ‘performing a stunt’ we have to dig into the Ontario Regulations under 455/07.
“Race” or “contest” is defined under Ontario Regulation 455/07 section 2(1) as follows:
Definition of “race” and “contest”
- (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:
- Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.
- Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.
- Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
- driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,
- outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or
iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed. O. Reg. 455/07, s. 2 (1).
(2) In this section,
“marked departure from the lawful rate of speed” means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway. O. Reg. 455/07, s. 2 (2).
A “stunt” is defined under Ontario Regulation 455/07 section 3 as follows:
Definition of “stunt”
- For the purposes of section 172 of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours:
- Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.
- Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.
- Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.
- Driving two 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.
- Driving a motor vehicle with a person in the trunk of the motor vehicle.
- Driving a motor vehicle while the driver is not sitting in the driver’s seat.
- Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
- Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
- driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
- stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or
- making a left turn where,
(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;
(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and
(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle. O. Reg. 455/07, s. 3.
Stunt Driving Charges
It is section 3(7) which is the most commonly used legal basis for police to issue these charges in Ontario:
- Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
However, the legal grounds under which a Stunt Driving or Race Motor Vehicle charge can be issued also include:
- Competing or racing with another vehicle
- Chasing another vehicle
- Driving without due care and attention
- Lifting some or all of a vehicle’s tires from the road
- Driving where the tires lose traction with the road
- Spinning or turning a vehicle in an uncontrolled manner
- Driving beside another vehicle while in the oncoming lane of traffic for a prolonged period of time
- Driving with someone in the trunk of the vehicle
- Driving while not in the driver’s seat
- Purposely preventing others from passing
- Purposely stopping or slowing to interfere with other traffic
- Driving unreasonably close as possible to another vehicle, pedestrian or fixed object on or near the highway
- Turning left at an intersection across vehicles with the right of way in the opposite direction upon the light turning green.
These extended and specific definitions are clearly much more broad than the general wording listed under HTA section 172.
The charging officer is going to be giving you three documents when charging you, seizing your vehicle, and seizing your driver’s license:
- a summons to appear in court
- a notice that your drivers license has been seized and suspended for 7 days
- a notice of the seizure of the vehicle for 7 days
A summons is a traffic ticket without a fine that commands the driver or their representative to appear in court before a Justice of the Peace.
The driver must appear in person or have someone attend for them. For a charge of this magnitude, it is extremely wise to get legal advice. OTD Legal specializes in fighting traffic tickets and can offer you a free, no obligation consultation.
Getting Your License Back Following A Stunt Driving Ticket
You do not need to wait until your court date to get your license back! After seven days have passed, the driver may retrieve his vehicle from the impound lot and attend at any Ministry of Transportation office to have their drivers license reinstated.
The driver will have to pay a $281 reinstatement fee to get their license back.
Getting Your Vehicle Back
After seven days are passed, the driver and/or owner of the vehicle can attend the impound lot.
Stunt Driving and Your Vehicle
The most common stunt driving charge laid by the police is for speeding at a rate of speed that is 50km or more over the speed limit or engaging in a “race”. Important to note that you do not even need to be racing another individual, navigating traffic at a high rate of speed changing between lanes can be construed by an officer as engaging in a “race”.
The police officer typically determines your speed by any of the 3 methods of speed enforcement. The 3 methods of enforcement are Radar, Laser, or what is called “Pacing”. Pacing is generally not as reliable as the other two methods.
Once the officer has stopped the driver, the officer is allowed to seize the vehicle for seven days. You have no choice if the officer decides to seize the vehicle. Your only option is to fight the charge in court.
The driver is responsible for the cost of the towing and the storage of the vehicle at the impound lot the police use. The fees for towing and storage are not cheap! They can easily exceed $1000.
The cost applies even if the vehicle is a rental vehicle or the driver does not own the car. The police do not care who the registered owner is.
The only circumstance a vehicle may be released is if the registered owner can substantiate that the vehicle was stolen. A police report is going to be required. Be prepared to provide one if you are going to make such a claim.
The driver and any passengers must find their own transportation after the vehicle has been seized, the police officer is not obligated to take the driver home. However, the officer will typically arrange safe travel to a local Tim Horton’s or gas station.
What Are The Penalties For Stunt Driving?
Even before setting foot in a courtroom to argue your guilt or innocence, the mere allegation of stunt driving carries serious consequences (even if your charge is completely thrown out at court). Your driver’s license card will be seized by the police and your license will be suspended for 7 days.
This record of suspension will be permanently entered into your driving history. Your vehicle will also be towed and impounded for 7 days whether the vehicle belongs to you, a friend or family member, or is a rental vehicle. The cost for towing and impounding the vehicle can be in the hundreds or thousands of dollars.
The court penalties for stunt driving are much more severe than those that fall under HTA section 128 for speeding offences.
HTA section 172(2) outlines the penalties for a stunt driving conviction as:
(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s license may be suspended,
(a) on a first conviction under this section, for not more than two years; or
(b) on a subsequent conviction under this section, for not more than 10 years. 2007, c. 13, s. 21.
Once the 25% victim fine surcharge is included, the total-payable fine ranges between $2,500.00 and $12,500.00. That is an enormous range of financial penalty that would be crushing to the average Ontarian let alone a student or person on a fixed income.
Like speeding offences at 50 km/h or more over the posted speed limit, a conviction would result in a driver’s record conviction with 6 demerit points and a potentially large impact to insurance costs including being forced to seek out high-risk insurance.
CVOR Points
For commercial motor vehicle drivers, such as a transport truck driver, a conviction will also result in a 5 CVOR point penalty. A conviction under HTA section 172(1) may prevent maintaining or obtaining employment in the transportation industry.
Escalated Sanctions for Novice Drivers
For novice drivers, a conviction for stunt driving would also result in a license suspension or cancellation under escalated sanctions penalties as follows:
- For a first offence: your driver’s license is suspended for 30 days.
- For a second offence: your driver’s license is suspended for 90 days.
- For a third offence: you will lose your novice license. You will need to re-apply for your license and start all over, taking all tests and paying all fees. You will also lose any time discount you earned, any time you were credited, and any fees you have paid.
Insurance Costs
A conviction for Stunt Driving will generally result in no longer qualifying for standard insurance coverage and having to seek out a high-risk insurer. These insurance policies can be very expensive and in some cases be prohibitively expensive in being able to obtain affordable vehicle insurance.
How Can I Fight A Stunt Driving Offence?
The most cost-effective and low-stress way to fight a stunt driving or race motor vehicle offence is to hire a licensed and experienced paralegal. Paralegals know the law and the court system and are licensed through the Law Society just as lawyers are. Paralegal firms such as OTD Legal specialize in this area of law and are before the courts virtually every day of the week arguing the legal defences of their clients. While being charged by the police with such a serious offence is naturally stressful and will cause worry and anxiety, the idea of having to appear before the court on one’s own is generally even more so. Fortunately, most of these cases can be dealt with by your paralegal without you ever needing to step foot in a courtroom.
Proving Reasonable Doubt In Your Stunt Driving Case
Stunt driving is a Strict Liability offence. This means that the prosecutor must prove beyond a reasonable doubt that you committed the act with which you are charged. They need not prove that you intended to commit the offence however. If they can prove that you committed this offence, you may raise a defence by proving on a balance of probabilities that you took all reasonable steps to avoid the particular act or that you reasonably believed in a mistaken set of facts which, if true, would render you innocent of committing the act.
Have You Been Charged With Stunt Driving In Ontario?
If you’ve been charged with stunt driving in Ontario you should contact us as soon as possible. We have skill and experience in helping drivers just like you respond to accusations of stunt driving and provide free, confidential consultations to empower you to fight your charges. We help drivers throughout Ontario including Cambridge, Georgetown, London, Windsor and from our home office in Kitchener. Contact us online or call us directly at 1.866.591.9206 or text us a copy of your ticket to 226-240-2480.
