defending drivers across ontario
RACING & STUNT DRIVING
what is stunt driving?
Stunt driving or Racing 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 is driving that is careless and it puts others at risk. It has severe penalties, even for a first offence.
How long does Stunt Driving or Racing stay on your record?
A Stunt Driving or Racing conviction will stay on your Ontario driving record for 3 years. A conviction for Stunt Driving or Racing will affect how much you pay for Ontario car insurance.
How bad is a first time Stunt driving or Racing offence in Ontario?
According to the Ontario Highway Traffic Act, Stunt Driving or Racing penalties may include:
Penalties for Stunt driving or Racing (first offence) in Ontario:
- 6 six demerit points;
- Possible 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 for the first time;
- mandatory roadside licence suspension for thirty 30 days;
- driver’s licence suspension upon conviction: from 1 to 3 years;
- mandatory driver improvement course.
There are many factors to take into consideration when fighting a stunt driving or racing ticket in Ontario, we always recommend reaching out for professional legal advice.
Is Stunt driving or racing a criminal offence in Ontario?
It is not. Stunt driving or Racing falls under the Ontario Highway Traffic Act NOT under the Criminal Code. However, Stunt Driving or Racing is still a very serious charge and depending on the circumstances, you could be arrested for it, fined, and face possible jail time.
How can you fight a Stunt Driving or Racing charge in Ontario?
Call the experts at Street Legal. Like any other traffic offences, you can fight a Stunt driving or Racing ticket by consulting a licensed paralegal.
Can you go to jail for Stunt driving or Racing in Ontario?
Depending on the severity of the Stunt Driving or Racing charge, the prosecutor can request a penalty of jail time not exceeding six (6) months.
Legal Updates to Stunt Driving Consequences
Although Ontario’s roads are among the safest in North America, Bill 282, Moving Ontarians More Safety Act 2021, now more aggressively targets street racers, and stunt driving. Prior to July 1, 2021 A Stunt Driving or Racing ticket was mostly issued when a driver of a motor vehicle is caught travelling 50 km or more above the posted speed limit. Recent amendments came into effect on July 1, 2021 redefining the excessive speed for the offence of stunt driving/racing change. If the posted speed limit is 80 kilometers per hour or faster, stunt driving/racing is defined as driving 50 kilometers per hour or more above the posted limit. However, if the posted speed limit is less than 80 kilometers per hour, excessive speed is defined as being 40 kilometers per hour or more over the posted speed limit. It is now more important than ever to pay close attention to posted speed limit signs. You do not necessarily have to be racing another vehicle in order to be charged with stunt driving/racing. You may also be charged with stunt driving/racing if you are caught trying to perform a stunt such as drifting or squealing your tires.
Once Charged with Stunt Driving
Once charged with Stunt Driving or Racing you will immediately be issued a 30 day roadside suspension of your drivers licence as well as the vehicle impounded for 14 days at your own expense. The ticket or summons given to you will provide you with a specific date for you to appear in court. If convicted of stunt driving or racing your insurance will be impacted for up to three years or more. Even one conviction for Stunt Driving or Racing will result in a drastic increase in your insurance rates. Some insurance companies may not even insure you if convicted of Stunt Driving or Racing.
Did you know?
Stunt driving/Racing is a strict liability offence. The prosecutor must prove beyond a reasonable doubt that you committed the act with which you are charged. Like with absolute liability offences, the prosecutor does not have to prove any mental element or intent.
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Stunt Driving Demerit Points
Under the Highway Traffic Act of Ontario stunt driving or racing is considered a serious and major offence. Here is an extensive list of the types of driving that are considered Stunt driving or Racing:
- Driving that indicates the driver is engaged in a race
- Driving to block or prevent another vehicle from passing
- Chasing another vehicle on the road
- Driving without care or consideration for other drivers using the roadway
- Spinning a vehicle in a circle with no control (aka a “donut”)
If you’ve been charged with a stunt driving/racing ticket, we highly recommend contacting Street Legal to help guide you through the process. At Street Legal, we have the knowledge and expertise to fight for the best possible solution for you.
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