How to Fight a Stunt Driving Ticket in Ontario
Table of Contents
- Stunt Driving as Defined by Ontario's Highway Traffic Act
- What Happens When You Get Charged with Stunt Driving in Ontario
- Stunt Driving Charges' Impact on Insurance
- Consult with Legal Action to Fight Your Stunt Driving Charges
A Greater Toronto Area motorist is already suffering the consequences of getting pulled over by police for speeding even though he has yet to face his day in court. Clocked by Ontario Provincial Police (OPP) on February 7 th for speeding 175 km/hr on Highway 403, the motorist was charged with "stunt driving" because he exceeded the posted limit by more than 50 km/hr.
In Ontario, stunt driving charges carry an automatic immediate 30-day roadside license suspension and 14-day vehicle impoundment. That two-week vehicle impoundment added proverbial insult to injury to this particular driver, as he was returning a rental car when the police pulled him over. This forced him to extend the terms of the rental agreement for an additional two weeks.
This stunt driving ticket was at least the second in as many days in the GTA as the OPP charged another driver with the offence after clocking him speeding at nearly 200 km/hr in the same area. Overall, thousands of Ontario motorists are charged with stunt driving annually. According to the OPP, the 4,395 stunt driving tickets issued in 2023 as of September represented a 20% year-over-year increase.
Given that police can issue a stunt driving ticket for numerous dangerous driving behaviours beyond excessive speed, the representatives at the Greater Toronto Area's Legal Action have put together this primer so that you can better understand the offence. In particular, we will examine what stunt driving is under the law, and how to fight a stunt driving ticket effectively in Ontario.
Stunt Driving as Defined by Ontario's Highway Traffic Act
Section 172 of Ontario's Highway Traffic Act — Races Contests and Stunts — details more than a dozen driving behaviours that can lead to a stunt driving ticket. Of these, three are related to speeding. In speed zones less than 80 km/hr, speeding at 40 or more km/hr constitutes stunting, while the threshold is 50 km/hr or more in speed zones above 80 km/hr.
However, any speed above 150 km/hr is automatically considered stunt driving. Other driving behaviours that constitute stunt driving under the law include:
- Two or more vehicles driving excessively above the lawful limit in a manner suggesting they are competing.
- Driving in ways that suggest the driver is chasing another vehicle.
- Repeatedly changing lanes at high speed among other vehicles to advance through the ordinary traffic flow.
- Outdistancing other motor vehicles while driving at a speed significantly above the limit.
- Driving in ways that suggest the intent to lift some or all tires from the road surface.
- Driving in a manner designed to make some or all tires lose traction, characterized by burning or squealing rubber.
- Driving while not seated in the driver's seat.
- Driving with someone in the trunk of the car.
- Driving in a manner that indicates an intent to spin, drift, or circle the vehicle with some loss of control.
- Driving without cause to get as close as possible to another vehicle, pedestrian, or object on or near the roadway.
- Stopping or slowing a motor vehicle in a manner that indicates the intent to stop, slow down, or interfere with the movement of another vehicle.
- Driving in ways that intentionally prevent another vehicle from passing.
- Executing a left-hand turn with the onset of a green light before the oncoming traffic can proceed.
What Happens When You Get Charged with Stunt Driving in Ontario
We've already told you what happens immediately if Ontario Police charge you with stunting: a 30-day license suspension and 14-day vehicle impoundment (no matter who owns it) — ouch! If convicted of the offence in court, you face the following additional penalties:
- Minimum one-year license suspension up to a maximum three-year suspension.
- Minimum $2,000 fine up to a maximum of $10,000.
- Potential jail term of up to six months.
- Six demerit points.
- Mandatory enrollment in a government-approved driver improvement course.
If you're convicted of subsequent stunt driving charges, you face the greater likelihood of higher fines and getting sentenced to jail, not to mention longer license suspensions that can become permanent with a third-time stunting conviction. Note that a stunt driving conviction carries other inherent costs, including:
- Towing and impound fees.
- Driver improvement course fees.
- License reinstatement fees.
- Alternative transportation costs, as needed.
- Potential threats to your employment if it requires a driver's license.
- Insurance premium increases.
Stunt Driving Charges' Impact on Insurance
If you're convicted of stunt driving, your insurance company may cancel or refuse to renew your auto policy because the material changes to your driving risk profile marks you as a "high-risk" driver for at least three years. Ontario's insurance laws ensure that high-risk drivers can get insurance, but it comes at a steep price. If your current insurer maintains coverage, they will likely boost premiums by at least 100%. You can also get coverage from several Ontario insurance companies specializing in insuring high-risk drivers. Absent those options, you'll have to seek insurance from the province's Facility Association, an insurance pool that serves as the last resort for high-risk drivers.
The bottom line is that as a high-risk driver, you can expect your annual premiums to increase from between $2,000 to $10,000, depending on the other metrics including other violations, where you live, driving patterns, and vehicle type, age, and condition.
How to Fight an Ontario Stunt Driving Ticket
If police have issued you a ticket for stunt driving, you should speak to experienced legal counsel who focus on stunt driving as soon as possible. Your legal representative should be well-versed in traffic law, courtroom procedures, and legal precedents applicable to stunt driving cases. Speaking to a lawyer or paralegal well in advance of your court date provides them time to strategize an effective defence.
Your legal representative will strategize your defence in large part based on your narrative of events and the evidence provided by the Crown's disclosure. Stunt driving charges based on a police officer's observations are subjective and may carry inherent weaknesses open to challenge.
While radar and other speed-measuring devices are more objective, how police used or deployed them may present openings for a successful challenge. A skilled legal representative will also evaluate police conduct during the incident to ensure they followed proper procedures and did not violate your Charter Rights.
Having skilled legal counsel in a stunt driving case also enhances your ability to negotiate a favourable outcome with the Crown. An experienced legal representative knows how to steer Crown prosecutors towards considering dropping or reducing the charges.
Even if the Crown's evidence seems flawless, prosecutors may consider withdrawing stunting charges in exchange for a guilty plea to a lesser speeding, careless driving offence or other minor charges.
To optimize your legal representative's ability to successfully fight stunt driving charges, always fully disclose all details about how the incident unfolded.
Hiding evidence or facts relating to your case may hinder your legal counsel's ability to deploy an effective defence, and your close collaboration with them is paramount to winning your case.
Consult with Legal Action to Fight Your Stunt Driving Charges
If you've been charged with stunt driving in the Greater Toronto Area, contact the highly experienced, licensed, and insured paralegal team at Legal Action. With an in-depth working knowledge of Ontario's court system and a solid track record of successfully fighting stunt driving and related cases for our clients, contact us for a free consultation.
Note: Legal Action may want to revise its stunt driving page to reflect the expanded penalties that were added to the law in April 2022.
