Get Help from Our Ontario Traffic Defence Team After Leaving the Scene of a Collision

Stunts include any activity where one or more persons engage in any of the following driving behaviours:

1. 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
2. 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
3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle without maintaining control over it
4. 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
5. Driving a motor vehicle with a person in the trunk of the motor vehicle
6. Driving a motor vehicle while the driver is not sitting in the driver’s seat
7. Driving a motor vehicle at a rate of speed that is 40 kilometres per hour or more over the speed limit
8. 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
   • 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
   • making a left turn where:
     • the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication
     • at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication
     • 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.

Once your paralegal has ordered and obtained the Prosecutor’s evidence or any necessary court transcripts, they will meet with the Prosecutor’s Office on your behalf. This meeting is referred to as a Crown resolution meeting. The two sides will review the evidence and discuss the legal merits of that evidence to, first of all, determine whether or not the charge(s) can be withdrawn.  If there is a strong legal argument that the charge(s) would be dismissed at trial, the best resolution is to argue to simply have the charge(s) withdrawn without the need for trial. There is no obligation for your representative to present or disclose your defence. Since it may not be wise to disclose to the prosecution what your full defence might be, your representative will only provide enough detail to advocate on your behalf while protecting your right not to disclose your defence.

If the Prosecutor’s evidence is sufficient for them to proceed to trial, the next step would be for the two sides to discuss potential resolutions. If the evidence against you could reasonably lead to a conviction at trial, your paralegal will negotiate within your written instructions to get you the best resolution possible.

If no mutually agreeable resolution can be reached, then your case may need to be argued at trial, or it may be necessary to engage in further resolution meetings. 

Trials can be very stressful for self-represented defendants. They generally don’t know the law or the court process. They have to face off in the courtroom against an experienced and trained prosecutor. They may open themselves up to being a witness that can be cross-examined by the Prosecutor. The idea of having to appear before a Justice of the Peace or questioning the police officer that charged them may be very intimidating.

The successful litigation of any trial required years of education and even more experience. It is very rare that an inexperienced and unrepresented defendant is successful after a trial. That is not to say that the defendant is not intelligent. Many unsuccessful trials have been conducted by doctors, scientists, engineers, etc. Being highly educated or being known as intelligent simply does not guarantee success.

Your driver’s license will also be immediately seized and suspended at the side of the road for 30 days. This means additional transportation costs in meeting your day-to-day travel requirements. Worst case, if your employer specifically requires having a valid driver’s license, you could miss work time or face loss of employment.

Upon conviction, you could face the following penalties:

• A license suspension of 1 to 3 years for a first offence
• A license suspension of 3 to 10 years for a subsequent offence
• A lifetime license cancellation (that may be reduced in certain circumstances)
• A permanent lifetime license cancellation

Upon being charged, your vehicle will immediately be towed and impounded for 14 days. Towing and impounding fees can range anywhere from a few hundred dollars to thousands of dollars.

A Stunt Driving conviction could result in a jail term of up to six months. It is therefore imperative to seek help from a licensed paralegal who can help you avoid imprisonment. This level of penalty is rare. If you are worried because you were warned of imprisonment, please consult with a professional.

The MTO ranks Stunt Driving as a six-demerit point offence. A convicted defendant will, at a minimum, receive an MTO warning letter regarding their license. Depending upon your driving history and current demerit points, you could also be required to attend an MTO interview (that you must pay to attend) or face a mandatory suspension of your driver’s license for accumulating too many demerit points.

Stunt Driving offences carry the highest possible CVOR penalty of five points. A five-CVOR point conviction may result in the loss of the driver’s current employment as well as extreme difficulty finding future employment.

Given the serious nature of Stunt Driving, a conviction will result in no longer being insurable under a standard insurance policy. Being forced into high-risk insurance can result in thousands of dollars of additional insurance costs or not being insurable at all if the costs are unaffordable.

Your driver’s license will also be immediately seized and suspended at the side of the road for 30 days. This means additional transportation costs in meeting your day-to-day travel requirements. Worst case, if your employer specifically requires having a valid driver’s license, you could miss work time or face loss of employment.

Upon conviction, you could face the following penalties:

• A license suspension of 1 to 3 years for a first offence
• A license suspension of 3 to 10 years for a subsequent offence
• A lifetime license cancellation (that may be reduced in certain circumstances)
• A permanent lifetime license cancellation

Upon being charged, your vehicle will immediately be towed and impounded for 14 days. Towing and impounding fees can range anywhere from a few hundred dollars to thousands of dollars.

A Stunt Driving conviction could result in a jail term of up to six months. It is therefore imperative to seek help from a licensed paralegal who can help you avoid imprisonment. This level of penalty is rare. If you are worried because you were warned of imprisonment, please consult with a professional.

The MTO ranks Stunt Driving as a six-demerit point offence. A convicted defendant will, at a minimum, receive an MTO warning letter regarding their license. Depending upon your driving history and current demerit points, you could also be required to attend an MTO interview (that you must pay to attend) or face a mandatory suspension of your driver’s license for accumulating too many demerit points.

Stunt Driving offences carry the highest possible CVOR penalty of five points. A five-CVOR point conviction may result in the loss of the driver’s current employment as well as extreme difficulty finding future employment.

Given the serious nature of Stunt Driving, a conviction will result in no longer being insurable under a standard insurance policy. Being forced into high-risk insurance can result in thousands of dollars of additional insurance costs or not being insurable at all if the costs are unaffordable.

When pulled over by the police and charged with a summons for Stunt Driving, your license is immediately suspended in Ontario for 30 days. After the full 30 day period has passed, you may attend a Service Ontario office and pay an expensive reinstatement fee. You will be provided with a temporary license at this time, and you will be able to drive again as a licensed driver. A new license will be mailed to your address within a few weeks. However, upon conviction, your driver’s license will be suspended for a minimum of one year.

Your vehicle is seized and impounded for a period of 14 days. You are required to wait the full 14 days. You will also be required to pay for the towing of your vehicle and the storage fees. When the time has passed, and the fees are paid, you will be able to retrieve your vehicle.

In many cases, but not all cases, a conviction for Stunt Driving can be eliminated. It is important to be aware that a professional court agent will try first to eliminate any conviction, including Stunt Driving. The second line of defence would be to reduce that major violation down to a minor charge. If the Prosecutor refused, the next course of action would be to mitigate the significant fine to a lower amount and avoid any further license suspension and/or jail time. If that is not achieved, then a client may have no choice but to take the matter to trial and try to win.

If convicted of Stunt Driving, a Justice of the Peace could sentence a defendant to a jail term of up to six months. It should be noted that a period of incarceration is very rare in Ontario. The Justice of the Peace would need to reasonably believe nothing else would satisfy the public interest.

The conviction will be visible to your insurance company for three years. The suspension will be visible for six years. If a driver requests a five-year driver’s abstract, the conviction would be visible for the full five years.

A G2 driver has the ability to accumulate six demerit points before that driver is required to attend (and pay for) an interview at the Ministry of Transportation for their driving behaviour. It is possible to be suspended at that interview. When a G2 driver accumulates nine demerit points, their license is automatically suspended. However, if a driver is convicted of any one offence that carries four demerit points or more, they will also automatically receive a license suspension. This means that even if your representative is able to successfully reduce your Stunt Driving charge down to a four-point Speeding ticket, a G2 driver will receive a license suspension according to the Escalating Sanctions penalty system.

Insurance rates are calculated based on age, gender, number of convictions and suspensions, as well as the severity of the conviction. It should be expected that if you are convicted of a major offence of Stunt Driving which includes a roadside suspension, your insurance rates would significantly increase. A rough calculation would be approximately four to five times your current annual cost of insurance.

As of July 1, 2021, the penalties for Stunt Driving were increased. If you are charged at the roadside or in a vacant lot/private property with Stunt Driving, your license is suspended for a period of 30 days. The vehicle you were driving is seized and impounded for a period of 14 days. Upon conviction in court, your license will be suspended as follows:

• One to three years for a first conviction
• Three to ten years for a second conviction
• Indefinite license suspension with the possibility of having your license reinstated at a later date for a third conviction
• Permanent lifetime suspension for a fourth conviction

The recent changes to the Stunt Driving legislation have made Stunt Driving a chargeable offence on private property or in a parking lot.

If a vehicle is caught travelling at 40 km/hr over the posted speed limit in a zone that is less than 80 km/hr, this is now considered Stunt Driving. It is also considered Stunt Driving if a vehicle is caught travelling at 50 km/hr over the posted speed limit in a zone that is 80 km/hr or over.