Understanding Stunt Driving Fines and How to Navigate Ticket Disputes in Ontario

You can face a 30-day suspension, a 14-day impoundment of your vehicle, resulting in immediate towing and storage fees. If you are convicted, fines could range from $2,000 to $10,000, along with six demerit points added to your record. For a first offence, the potential penalty could even include up to six months in jail.

Stunt driving penalties can include licence suspension and impoundment – act fast to fight back.

What Is Stunt Driving?

Stunt driving is the act of excessive speeding, street racing, contests and engaging in dangerous driving practices in a motor vehicle on an Ontario road or highway. It has severe penalties, even for a first offence.

It’s important to understand that speeding is just one type of stunt driving. Drivers may also make illegal modifications to their cars, such as altering suspensions, adding aesthetic enhancements, or installing high-performance engines to boost performance. In Ontario, stunt driving is classified as an offence that includes a range of reckless driving behaviours. This can include:

• Speeding 40 km/h or more over the posted speed limit when the limit is below 80 km/h.
• Speeding 50 km/h or more over the posted speed limit if the limit is 80 km/h or more.
• Driving at a speed that significantly departs from the legal speed limit, which means a speed that limits the driver’s ability to respond prudently to changing road conditions.
• Driving a motor vehicle at a speed of 150 km/h or more.
• Attempting to turn left at an intersection before oncoming traffic has safely passed.
• Intentionally causing any or all tires of the vehicle to lose traction with the road surface.
• Driving two or more vehicles side by side or in close proximity in such a way that one vehicle occupies a lane intended for oncoming traffic longer than necessary to pass another vehicle.
• Racing by rapidly accelerating away from other vehicles.
• Driving without due care and attention or without reasonable consideration for other vehicles on the road.
• Pulling sleds or carrying passengers in the cab or bed of a pickup truck.
• Passing one or more vehicles at a speed exceeding the limit.
• Driving a motor vehicle without sitting in the driver’s seat.
• Pursuing another vehicle (this should not be confused with organized racing).
• Attempting to exit the vehicle while letting go of the steering wheel or standing on the motorcycle.
• Performing any type of wheel burnout, doughnuts, or popping a wheelie on a motorcycle.

Stunt Driving Penalties in Ontario

Under the Highway Traffic Act in Ontario, penalties for stunt driving increase with the number of offences. Whether it is your first or third offence, you will receive three demerit points, jail time, and fines up to $10,000. If you receive the notice for a driver improvement course, it  must be completed within 60 days of a conviction; otherwise, the driver’s licence will be revoked.

Penalties For Stunt Driving – First Offence

• (6) six demerit points
• Jail time up to six (6) months
• (14) fourteen days immediate motor vehicle impoundment
• Minimum fine of $2,000 and up to $10,000 plus 25% victim surcharge
• Mandatory roadside licence suspension for thirty (30) days
• Driver’s licence suspension upon conviction from 1 to 3 years
• Mandatory driver improvement course

Penalties For Stunt Driving – Second Offence

• (6) six demerit points
• Jail time up to six (6) months
• (14) fourteen days immediate motor vehicle impoundment
• Minimum fine – $2,000 and up to $10,000 plus 25% victim surcharge
• Immediate licence suspensions for 30 days
• Driver’s licence suspension upon conviction, for up to 10 years
• Mandatory driver improvement course

Third Stunt Driving Offence And Subsequent

• (6) six demerit points
• Jail time up to 6 months
• Immediate motor vehicle impoundment for 14 days
• Minimum fine – $2,000 and up to $10,000 plus 25% victim surcharge
• Immediate licence suspensions for 30 days
• Lifetime driver’s licence suspension upon conviction
• Mandatory driver improvement course

Both fully licenced and novice drivers face the same penalties for stunt driving in Ontario. However, novice drivers may encounter additional consequences upon conviction, such as an automatic 30-day licence suspension.

If you fail to pay fines for these offences, your driver’s license will be automatically suspended. A record of stunt driving can negatively impact your ability to obtain auto insurance in the future. As a result, you may have to turn to high-risk insurance companies, which can lead to significantly higher rates for three to six years. This will inflate your coverage costs and make it more difficult to secure insurance.

Is Stunt Driving A Criminal Offence In Ontario?

No, stunt driving is not a criminal offence; it falls under the Highway Traffic Act, section 172(1). However, penalties for performing a stunt are severe, including jail time and mandatory driver improvement courses.

New Changes To Stunt Driving Laws In Ontario 

The Moving Ontarians More Safely Act (MOMS Act) is an Ontario law that aims to improve road safety by targeting dangerous driving behaviours such as stunt driving and street racing. Between July 2021 and April 2022, they updated the laws and penalties around stunt driving:

Ontario Driving Law	Updated Stunt Driving Law/Penality	Previous Penality
Speed limit	The drivers caught driving 40 km/h over the speed limit on the roads with a posted speed limit of less than 80 km/h will face stunt driving charges.	The drivers caught driving 50 km/h over the speed limit on the roads with a posted speed limit of less than 80 km/h will face stunt driving charges.
Vehicle impoundment	14 days	7 days
Roadside licence suspension	30 day roadside driver’s licence suspension.	7 day roadside driver’s licence suspension.
Driver’s licence suspension	First conviction: 1 to 3 years Second conviction: 3 to 10 yearsThird conviction: lifetime suspension (that may be reduced later)Fourth conviction: lifetime suspension	First offence: no more than 2 yearsSubsequent convictions: up to 10 years.
Driver improvement course	Mandatory within 60 days of conviction	Not required

Are Stunt Driving And Street Racing The Same Thing?

Stunt driving and street racing are related but distinct activities. Street racing is an illegal activity that typically occurs on public roads, involving high speeds and dangerous behaviour. Both can be classified as reckless driving and can lead to legal consequences.

Section 172 of the HTAt defines “race” and “contest” as actions that include:

1. Driving two or more vehicles significantly above the legal speed limit, indicating competition.

2. Chasing another vehicle.

3. Driving without due care, potentially endangering others.

“Stunt” driving includes:

1. Lifting tires off the ground, such as riding a motorcycle on one wheel.

2. Losing traction while turning.

3. Spinning or losing control of a vehicle.

4. Driving close to another vehicle in a lane meant for oncoming traffic longer than necessary to pass.

5. Transporting a person in the trunk.

6. Driving without being in the driver’s seat.

7. Excessive speeding (40 km/h or more over the limit if under 80 km/h; 50 km/h or more over if 80 km/h or higher; or 150 km/h or more).

Can You Fight A Stunt Driving Charge In Ontario?

Yes, you can fight stunt driving charge. It’s crucial to take prompt and informed steps to protect your rights and build a strong defence from the moment you receive your ticket. 

Facing a stunt driving charge can be overwhelming, but understanding how to contest the ticket can make the process easier. Working with the team at JUSTICEJOLT can ensure you are taking the correct action towards fighting a stunt driving ticket.

The following steps provide a clear approach to addressing a stunt driving charge, highlighting the importance of preparation, evidence review, and strategic legal actions.

File Your Stunt Driving Ticket Promptly  

Ensure you submit your stunt driving ticket within 15 days of receiving it to maintain your right to request a trial and avoid an automatic conviction.

Request Your Trial Date in Court  

Appear on the specified court date to formally request a trial, marking the beginning of your legal process to contest the stunt driving charge.

Obtain Disclosure of Evidence from the Prosecution  

After requesting a trial, seek disclosure from the prosecutor, which includes the evidence they plan to present against you. Thoroughly review documents like radar data, officer notes, and witness statements to identify any inconsistencies.

Gather Essential Documents for Plea Negotiations  

If you’re representing yourself, compile relevant documents, such as proof of your license reinstatement, to bolster your position during plea negotiations and potentially reduce the charge.

Prepare Targeted Questions

Formulate specific and strategic questions aimed at the police officer and any witnesses to highlight inconsistencies or procedural errors in their accounts of the incident.

Challenge the Credibility of the Evidence Presented  

During the trial, actively dispute the prosecution’s evidence by questioning the accuracy of radar measurements, the reliability of officers’ notes, and witness testimonies to cast doubt on their narrative.

Present a Strong and Coherent Defence Strategy  

Aim to demonstrate that the events were misrepresented by the officer. Providing clear evidence that contradicts their account could lead to a reduction or dismissal of the charge.

Anticipate Multiple Court Appearances  

Be prepared to appear in court multiple times (1 to 3) for various proceedings, including pre-trials, plea negotiations, or the trial itself.

Consider Engaging Legal Representation for Complex Cases  

If your case involves intricate legalities or if you’re unfamiliar with court procedures, hiring a lawyer can enhance your chances by ensuring a robust defence and effective negotiation with the prosecutor.