Stunt driving charge Ontario
Is Stunt Driving a Criminal Offence?
Stunt driving is a serious traffic offence in Ontario defined by Ontario's Highway Traffic Act, with the punishment including potential imprisonment in addition to other penalties such as demerit points, driver's license suspension, vehicle impoundment and fines.
At the same time, stunt driving is not a criminal offence under the Criminal Code of Canada. Having been charged with stunt driving in Ontario does not lead to a criminal conviction or a criminal record.
Ontario stunt driving penalty
What's Considered Stunt Driving in Ontario
A stunt driving ticket is issued when a driver is exceeding the speed limit by more than 50 km/hr. Once a driver receives a stunt driving ticket, their license is immediately suspended for 7 days and their vehicle is also impounded for 7 days. Additional consequences that may result from a stunt driving charge include a minimum fine of $2000, a license suspension of up to 2 years, six demerit points, possible imprisonment of not more than six months, and an increase in insurance rates.
Legal Action will do everything to avoid these consequences from affecting you and your driving record.
What Qualifies as Stunt Driving?
Although stunt driving is often associated with speeding, the scope of what falls under its definition and can result in a stunt driving charge is much broader.
According to the amended Highway Traffic Act, stunt driving includes:
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Driving a vehicle with the intention to cause one of the tires to lose traction, spin the vehicle or drift,
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Driving too closely or intentionally cutting off other vehicles on a highway,
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Driving with someone in the trunk or while the driver is not in the driver's seat,
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Speeding over 40 km/h where the speed limit is less than 80 km/h,
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Speeding over 50 km/h where the speed limit is 80 km/h or more,
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Driving at the speed of 150 km/h or more,
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Careless driving without consideration of other persons, driving circumstances and road conditions,
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Deliberately stopping or slowing down to cause other vehicles to stop or slow down with the intention of not letting them pass,
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Making a left turn where the driver is stopped at an intersection in response to a red light.
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Executing the left turn immediately before or after the green light to complete the turn before other vehicles facing the opposite direction are able to proceed.
Evidence Required For a Stunt Driving Charge
When your charges for stunt driving go to court, the prosecution will present the evidence against you to get a conviction. In Ontario, stunt driving is a strict liability offence where the prosecution does not need to prove your intent to stunt drive. The Crown only needs to demonstrate to the court that your actions fall under stunt driving.
In many cases involving a speeding ticket, the evidence is based on a calibrated speedometer or radar. Other types of evidence can include a police report with the details of the incident. Importantly, courts do not require video evidence to convict someone for stunt driving and view it as additional disclosure.
What To Do After Being Charged With Stunt Driving?
According to the law, careless driving is a strict liability offence, so prosecutors do not need to demonstrate that the driver had the intent to drive carelessly. When someone is charged with careless driving in Ontario, prosecutors only need to prove that the accused either drove the vehicle without due care or attention or operated it without reasonable consideration of other persons using the highway. While the law does not require drivers to be perfect, they are still expected to "exercise ordinary care" of prudent and reasonable drivers.
Before the trial date, you will need to prepare for the hearing, request the disclosure of evidence and choose the defence strategy. It is always advisable to speak to experienced legal counsel focusing on stunt driving in Ontario to choose the most effective defence under the circumstances to increase your chances to fight off the stunt driving charge.
Do You Have to Go to Court for Stunt Driving?
Since stunt driving is viewed as a serious offence, the charges are always prosecuted in court. When the police stop you for stunt driving, they will issue the traffic ticket, aka summons with the date of your court appearance.
On the day of the summons, you will need to attend a court hearing to answer charges. Alternatively, you can opt to retain legal counsel to represent you in court on your first appearance, in which case there may be no need to attend in person.
Steps to Take After Receiving a Careless Driving Charge
If you receive a careless driving ticket with a fine, there is always an option to pay the ticket without going to court. Meanwhile, paying the ticket equals admission of guilt, which will have far-reaching repercussions on your insurance rates, driving records and other aspects of your life.
If you are ready to fight a careless driving charge, don't plead guilty or pay the ticket. Instead, select Option 3 on the traffic ticket and send it to the court within 15 days. Meanwhile, you will need to prepare for the trial, requesting police notes or disclosure of evidence against you.
If you receive a ticket without a fine, aka summons, you will already have a court date on your ticket. You will need to attend the court on the specified date and respond to the charges.
In either case, whether you have a traffic ticket with a fine or summons, it is best to seek legal advice early before trial to increase your chances of having your ticket dismissed or withdrawn.
Stunt Driving FAQ
How fast is stunt driving in Ontario?
Speeding is the most frequent traffic violation leading to the stunt driving charge. Below are speed limits considered stunt driving according to the changes introduced under the new legislation, including the Moving Ontarians More Safely Act:
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driving over 40 km/h on the roads where the speed limit is less than 80 km/h,
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driving over 50 km/h on the roads where the speed limit is 80 km/h or more,
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driving with a speed of 150 km/h or more,
Meanwhile, it is important to know that you can be subject to stunt driving charges even at a lower speed, for example, when attempting to complete the left turn immediately after the green light before other vehicles are able to proceed. Other instances of stunt driving at lower speed include driving with the intention to spin or cause some of the tires to lose traction and other situations as described in the law.
Can you go to jail for stunt driving in Ontario?
While stunt driving is not a criminal offence, it is treated very seriously. The penalties for stunt driving are defined in the Highway Traffic Act and include demerit points, driving licence suspension, vehicle impounding and fines.
Additionally, if you are found guilty of stunt driving in Ontario, you can face jail time up to 6 months.
What speed is considered stunt driving in Ontario?
In Ontario, the speed which is considered stunt driving is defined in the Highway Traffic Act and the Moving Ontarians More Safely Act.
According to these regulations, the stunt driving charges apply when the driver exceeds the speed limit by 40 km/h on roads with an allowed speed under 80 km/h. If the allowed speed is 80 km/h or higher, stunt driving charges arise when exceeding the speed limit by 50 km/h. Finally, driving at a speed of 150 km/h or more is considered as stunt driving on any road in Ontario.
Is careless driving a criminal offence?
If you are found guilty of stunt driving, the conviction will be reflected in your driving records. For insurance purposes, a stunt driving conviction will be visible for three years from the date of conviction.
Meanwhile, it is important to remember that stunt driving does not disappear from driving records and will always be visible to court and prosecution in future. For example, someone will need not less than 5 years to pass from the first conviction for stunt driving to have the court consider the incident as the first conviction. Importantly, if the next conviction for stunt driving takes place within 5 years from the first conviction, it will be considered a subsequent conviction, resulting in a higher penalty.
How long does careless driving stay on record in Ontario?
There are several legal defences available to get off a stunt driving charge. Depending on the situation, your strategy may be to contest the police's evidence against you, look into any gaps or omissions in the prosecution case or investigate whether the court system did everything properly.
Meanwhile, fighting off stunt driving charges in court can be challenging and require legal expertise. You can significantly increase your chances of contesting the stunt driving charges against you by involving experienced legal counsel focusing on traffic offences in Ontario.
Do you have to go to court for careless driving?
Although stunt driving is not a criminal offence and does not lead to a criminal record, it shows up on your driving record. The police can access your driving record during checks or when conducting investigations related to traffic offences.
There is no time limit as to when law enforcement, courts and prosecution can access your previous conviction for stunt driving. While the demerit points for stunt driving will disappear in two years, the stunt driving charge will remain on your driving record permanently and will show up in a police check.
Does stunt driving suspension show up on court summons?
When police pull someone over believing that the driver was stunting, the officer will issue a ticket, aka roadside summons requiring the driver to attend court and face charges. At this moment, the officer will also request the driver to surrender their driver's license.
Importantly, whether or not the driver surrenders the driver's license to the officer, such license is automatically suspended for 30 days from the day of the police request. While the court summons issued by the police will include the details of the incident and the charge, license suspension is viewed as a separate administrative action that is typically not detailed in the summons.
How much does insurance increase for stunt driving in Ontario?
If you are convicted of stunt driving in Ontario, your license will be suspended for one year, during which you will not be able to drive, so your insurance rates will not be affected. After you reinstate your driver's license, your insurance rates will increase considerably.
While the exact amount of the increase depends on many factors related to the incident, A experienced Insurance broker can provide advice concerning insurance rates. For the purposes of insurance, your stunt driving conviction will be visible on your driving record for 3 years during which an increased insurance rate would apply.
Can a Judge forgive me on a stunt driving ticket?
While judges exercise broad authority to determine penalties in stunt driving cases, the chances of having your case dismissed, withdrawn or reduced to a less serious driving offence depend on individual circumstances which are unique to your case.
Stunt driving is a serious traffic offence which comes with severe penalties and a minimum of 1-year driving suspension after conviction, so you will need the best possible defence in court to fight off the charges.
What can a stunt driving charge affect?
In Ontario, stunt driving is viewed very seriously, so if convicted, these charges will affect your ability to drive, your driving history, and your insurance rates and may subject you to monetary fines and imprisonment.
If the police have reason to believe that you were stunt driving, they have the authority to immediately suspend your licence for 30 days in advance of the court hearing, issue the roadside summons and impound your vehicle for 14 days. During this period, you will not be able to drive and will have to reinstate your license and recover your vehicle.
If you are convicted of stunt driving in court, you will receive six demerit points, which will stay on your record for 2 years, you will be liable to pay a fine between $2,000 to $10,000 and may face imprisonment for up to 6 months. Additionally, your driver's license will be suspended for 1-3 years on first conviction, 3-10 years on second conviction or indefinitely on third conviction. Your insurance company will consider you a high-risk driver for 3 years after conviction, increasing your insurance rate immediately after you get back your driver's license.
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