Stunt driving charges are among the most serious offences under Ontario’s Highway Traffic Act. If you’ve been charged with stunt driving, understanding what constitutes this offence and its severe consequences is crucial. At OTD Legal, we specialize in defending against stunt driving charges and helping clients protect their driving privileges.

What Is Considered Stunt Driving in Ontario?

Legal Definition Under the Highway Traffic Act

Stunt driving, also known as racing, is defined under Section 172 of the Highway Traffic Act. This serious offence goes beyond mere speeding and includes various driving behaviors that could put public safety at risk. As explained in our video about the differences between reckless, careless, and stunt driving, each charge carries distinct implications and penalties.

Actions That Qualify as Stunt Driving

Several driving behaviors can result in a stunt driving charge:

Excessive Speeding:

• Driving 40 km/h or more over the limit in zones under 80 km/h
• Driving 50 km/h or more over the limit in zones 80 km/h or higher
• Driving 150 km/h or more on any road

Dangerous Maneuvers:

• Lifting some or all tires off the road
• Spinning or drifting
• Driving with someone in the trunk
• Operating a vehicle while not in the driver’s seat

Competitive Behavior:

• Racing or chasing another vehicle
• Driving beside another vehicle in the oncoming lane
• Intentionally preventing others from passing

What Triggers a Stunt Driving Charge in Ontario

Speed-Related Offences

Speed-related stunt driving charges are the most common. The specific speed thresholds were lowered in 2021 to combat dangerous driving. As detailed in our guide about how to fight a traffic ticket, these charges require a strategic defence approach.

Street Racing and Competitive Driving

Street racing charges can be issued even if you’re not actively racing another vehicle. Actions that suggest competitive driving include:

• Rapid acceleration from stops
• Weaving through traffic
• Multiple lane changes at high speed
• Racing between traffic signals

Aggressive or Reckless Maneuvers

Aggressive driving behaviors that can trigger stunt driving charges include:

• Intentionally causing tires to lose traction while turning
• Driving too close to other vehicles or pedestrians
• Cutting off other drivers
• Brake-checking (suddenly braking to intimidate following vehicles)

Stunt Driving Laws and Regulations

Overview of the Highway Traffic Act

The Highway Traffic Act provides severe penalties for stunt driving, as explained in our video about potential jail time for stunt driving. Immediate consequences include:

• Vehicle impoundment for 14 days
• Licence suspension for 30 days

Upon conviction, you face:

• Minimum $2,000 fine upon conviction
• Possible jail time up to 6 months
• 6 demerit points
• Mandatory 1-3 year licence suspension

Key Points from Ontario Regulation 455/07

Ontario Regulation 455/07 specifically defines stunt driving behaviors. Understanding these regulations is crucial for both avoiding charges and defending against them. Visit our locations page to find an office near you for expert legal assistance.

How Police Determine a Stunt Driving Offence

Police officers consider various factors when issuing stunt driving charges:

• Speed measurements using radar or lidar
• Visual observations of driving behavior
• Dashboard camera footage
• Witness statements
• Road and weather conditions

Frequently Asked Questions

Can I go to jail for stunt driving?

Yes, stunt driving can result in jail time of up to 6 months, especially for repeat offenders or cases involving particularly dangerous behavior. Learn more in our guide about fighting a ticket in court.

What happens to my vehicle if I’m charged with stunt driving?

Your vehicle will be immediately impounded for 14 days, regardless of whether or not you own it. You’re responsible for all towing and storage fees.

How long will a stunt driving charge affect my insurance?

A stunt driving conviction can impact your insurance rates for up to 6 years and may result in cancellation of your policy. Some drivers face insurance increases of 100% or more.

Get Professional Legal Help

If you’re facing a stunt driving charge, don’t fight it alone. The consequences are too severe to risk handling the case without expert legal representation. Contact OTD Legal today for a free consultation with our experienced traffic ticket lawyers.

Video Transcription:

 I’m going to talk to you today about the offense called stunt driving. It’s located under the Highway Traffic Act of Ontario, section 172. 1. There are many behaviors that would be considered stunt driving and In many cases, my clients are not quite sure what has happened or how this charge could have been handed to them.

So I’d like to talk a bit about that today, so that my clients have a better understanding of exactly what may have happened. Okay. The behaviors that are considered to be stunt driving, one of the most common would be something to do with speed. So the quantum of speed or the amount of speed above a speed limit is probably the most common type of stunt driving violation that I would see or anyone in Ontario.

There are however other types of behaviors that would import the charge of stunt driving. I, as I recall, one of the most common outside of that would be a race or wager. So, you would have two vehicles decide, you know, maybe by a nod. And I’ve had cases like this where two gentlemen pull up to a red light, let’s say, and they nod at each other and then they basically drag race off of that mark.

And if that’s been observed by a police officer both vehicles would very likely be stopped and and then I would have to deal with that sort of a violation, which is not a problem, but that is just simply one of the ways where it can happen. Other types of behaviors. Running your vehicle. Vehicles are considered to be a weapon, and when they become close to pedestrians or any person the automatic concern is the danger to that pedestrian. So if you’re observed, you know, running a little too quick to a pedestrian or driving that vehicle, In a, in a manner that seems unsafe, it’s possible you would be charged with stunt driving.

The other types of stunts you can imagine, I had a recent case like this where I had an angry client and he wasn’t observing the speed limit, he was driving too slow. And he was interfering with traffic while he was upset. Something had happened to him and he was using his vehicle in an inappropriate way and disturbing traffic and causing problems.

Things like that other things could be, it’s been 40 years of experience. So I’ve had cases where there have been persons in the trunk and when discovered, the driver of that motor vehicle had been charged with stunt driving. We’ve had You know, cases where you simply proceeding before green stopped at a red light, didn’t want to wait any longer and then simply move forward.

Yes, it’s a violation of a minor offense of disobeying that particular light, but we’ve had cases where, in fact, they have also been charged with stunt driving. Another example would be chasing a motor vehicle. You might be chasing your friend and it might be fun, but it’s simply an eyebrow raising event for a police officer and it’s pretty common at that point in time that they’re going to be stopped and you will see the summons for stunt driving. But I think, you know, to recap what we need to understand is most of the time when you or your friends or someone that you know in your family was charged with stunt driving, statistically over 95 percent of those charges are going to be borne out of some level of… speeding, you know, at a highway speeds of 80 or 100, you can you’d have to be doing at least 50 kilometers over the limit, and that would import a stunt driving charge. But at the lower speeds, you know, 40, 50, 60, 70, the vehicle only need to achieve 40 kilometers over that set limit. And again, you would be charged with stunt driving.