Stunt Driving Ticket – Ticket Defenders®

These charges can sometimes be negotiated or defended, but there is always a risk of conviction to the original charge. Please do not make a decision about what to do until you have spoken to us. The initial consultation is always free and without obligation. There are a variety of ways that someone can run afoul of this section but the most common are:

7. Driving a motor vehicle at a rate of speed that is 40 kilometres per hour or more over the speed limit, if the speed limit is less than 80 kilometres per hour.

7.0.1 Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit, if the speed limit is 80 kilometres per hour or more.

Stunt Driving is the second major offence that we handle. There are three primary things that you need to know at the start:

  1. You absolutely do need professional assistance. The worst thing that you can do is to try to handle a case of this magnitude on your own; unless you are a trained and licensed legal service provider. But even then, if this is not your primary area of practice, you would be well advised to let us handle the case for you. A lot of damage is done to cases by Defendants trying to see how far they can get on their own before turning to a professional. 
  2. The penalties are among the most severe under the Highway Traffic Act.
  3. You are absolutely in the right place and there is no Firm in the Province that is better positioned, or will work harder, to make sure that you get the best possible result. We have helped thousands of clients with these type of cases over the years. 

In 2007 a new section, section 172, was added to the Highway Traffic Act of Ontario: Stunt Driving (Contest). There have been several amendments since then.

Last Update April 25, 2022 https://www.ontario.ca/laws/statute/90h08#BK229

Racing, stunts, etc., prohibited

172 (1) No person shall drive a motor vehicle on a highway in a race or contest, on a bet or wager or while performing a stunt. 2021, c. 26, Sched. 1, s. 15 (4).

Offence

(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than six months, or to both, and in addition, the court shall make an order suspending the person’s driver’s licence,

(a) on a first conviction under this section, for not less than one year and not more than three years;
(b) on a second conviction under this section, for not less than three years and not more than 10 years; or
(c) on a third or subsequent conviction under this section, indefinitely. 2021, c. 26, Sched. 1, s. 15 (4).

Reduction

(3) An indefinite suspension imposed under clause (2) (c) that was not in relation to a fourth or subsequent conviction under this section may be reduced by the Registrar in the prescribed circumstances. 2021, c. 26, Sched. 1, s. 15 (4).
Determining subsequent conviction

(4) In determining whether a conviction is a subsequent conviction for the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. 2021, c. 26, Sched. 1, s. 15 (4).
10-year limitation

(5) A conviction that is more than 10 years after the previous conviction is deemed to be a first conviction for the purpose of subsection (2). 2021, c. 26, Sched. 1, s. 15 (4).

Exception

(6) Despite subsection (5), when the subsequent conviction is within 10 years after the previous conviction, all previous convictions that were not followed by a 10-year period without a conviction shall be taken into account for the purpose of subsection (2). 2021, c. 26, Sched. 1, s. 15 (4).

Transition

(7) A conviction that was more than 10 years before the date on which subsection 15 (4) of Schedule 1 to the Moving Ontarians More Safely Act, 2021 comes into force shall not be taken into account for the purpose of subsection (2). 2021, c. 26, Sched. 1, s. 15 (4).

Police to require surrender of licence, detention of vehicle

(8) If a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall,

(a) request that the person surrender their driver’s licence; and
(b) detain the motor vehicle that was being driven by the person until it is impounded under clause (10) (b). 2021, c. 26, Sched. 1, s. 15 (4).

Administrative 30-day licence suspension

(9) Upon a request being made under clause (8) (a), the person to whom the request is made shall forthwith surrender their driver’s licence to the police officer and, whether or not the person is unable or fails to surrender the licence to the police officer, the driver’s licence is suspended for a period of 30 days from the day the request is made. 2021, c. 26, Sched. 1, s. 15 (4).

Administrative 14-day vehicle impoundment

(10) Upon a motor vehicle being detained under clause (8) (b), the motor vehicle shall, at the cost of and risk to its owner,

(a) be removed to an impound facility as directed by a police officer; and
(b) be impounded for 14 days from the day it was detained under clause (8) (b). 2021, c. 26, Sched. 1, s. 15 (4).


Release of vehicle

(11) Subject to subsection (13), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment. 2021, c. 26, Sched. 1, s. 15 (4).

Early release of vehicle

(12) Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded under subsection (10) or, subject to subsection (13), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the 14 days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven on a highway in contravention of subsection (1). 2021, c. 26, Sched. 1, s. 15 (4).

Costs to be paid before release of vehicle

(13) The person who operates the impound facility where a motor vehicle is impounded under subsection (10) is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid. 2021, c. 26, Sched. 1, s. 15 (4).

Lien for storage costs

(14) The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act. 2021, c. 26, Sched. 1, s. 15 (4).

Duty of officer re licence suspension

(15) Every police officer who asks for the surrender of a person’s driver’s licence under this section shall keep a record of the licence received with the name and address of the person and the date and time of the suspension and shall, as soon as practicable after receiving the licence, provide the person with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended. 2021, c. 26, Sched. 1, s. 15 (4).

Duty of officer re impoundment

(16) Every police officer who detains a motor vehicle under this section shall prepare a notice identifying the motor vehicle that is to be impounded under subsection (10), the name and address of the driver and the date and time of the impoundment and shall, as soon as practicable after the impoundment of the motor vehicle, provide the driver with a copy of the notice showing the time from which the impoundment takes effect, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered. 2021, c. 26, Sched. 1, s. 15 (4).

Same

(17) A police officer shall provide a copy of the notice prepared under subsection (16) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry. 2021, c. 26, Sched. 1, s. 15 (4).

No appeal or hearing

(18) There is no appeal from, or right to be heard before, a vehicle detention, driver’s licence suspension or vehicle impoundment under subsection (8), (9) or (10), but this subsection does not affect the taking of any proceeding in court. 2021, c. 26, Sched. 1, s. 15 (4).

Owner may recover losses from driver

(19) The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under clause (8) (b) to recover any costs or other losses incurred by the owner in connection with the impoundment. 2021, c. 26, Sched. 1, s. 15 (4).

Ontario Regs. As of April 25, 2022 below is for general guidance, please confirm current law from your legal service provider.

Definition, “race” and “contest”

2. (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:

  1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.
  2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.
  3. 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,
    i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,
    ii. outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or
    iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed.  O. Reg. 455/07, s. 2 (1).

(2) In this section,

“marked departure from the lawful rate of speed” means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway.  O. Reg. 455/07, s. 2 (2).

Definition, “stunt”

3. For the purposes of section 172 of the Act, “stunt” includes 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, if the speed limit is less than 80 kilometres per hour.
    7.0.1 Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit, if the speed limit is 80 kilometres per hour or more.
    7.1 Driving a motor vehicle at a rate of speed that is 150 kilometres per hour or more.
  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,

i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,

ii. 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,

iii. 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, or
iv. making a left turn where,

(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;

(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and

(C) 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; O. Reg. 320/19, s. 1; O. Reg. 410/21, s. 1.