CAN YOU GO TO JAIL FOR STUNT DRIVING IN ONTARIO?
Can you go to jail for stunt driving in Ontario? Stunt driving in Ontario is under section 172. 1 of the Highway Traffic Act. If you were to look at the penalty section in the act, you will, you would quickly determine that there is a prison sentence available of up to six months. It is in many cases for clients that bother to read that section quite terrifying.
And that needs to be addressed because when a section like stunt driving has a section that would include a jail term, you have to understand that that isn’t the most extreme cases. What I mean by that, by an example, if there was a client that had, say, multiple stunt driving charges, Hefty unpaid fines, a history of ignoring suspensions, a history of ignoring court orders not to drive, a history of some bad driving.
Those types of clients would be considered for that type of a sentence, but they are relatively rare and very, very uncommon. So the answer is yes, you could go to jail, but it is most unlikely. Generally speaking, what a judge or justice of the peace is going to consider is what remedies are available upon conviction to control this type of behavior and they’re going to be looking at, you know specific deterrence for the individual. And they have to also reflect upon the general deterence which is: what would the society want? What does the world, looking at what happened here, need to see to control that type of behavior. So in most cases, the rest of the penalty section is much more appropriate in those cases.
So there’d be maybe a high fine, demerit points, a suspension of a driver’s license. There are other options available and that, that is 99 percent of a penalty for legislation such as Section 172 or stunt driving under the Highway Traffic Act.