Stunt Driving in Canada: Laws, Penalties

Stunt driving is a serious offence in Canada, particularly in provinces such as Ontario, where strict laws have been introduced to deter reckless driving behaviour. While many people associate stunt driving with street racing, the legal definition encompasses a wide range of dangerous driving activities, including excessive speeding, performing stunts, and driving in a way that puts others at risk.

If you are charged with stunt driving, you could face immediate licence suspension, vehicle impoundment, heavy fines, increased insurance rates, and even jail time. Understanding the law, the potential penalties, and available defence strategies is essential for protecting your rights and minimizing the consequences of a conviction.

This article provides a comprehensive guide to stunt driving laws in Canada, covering legal definitions, penalties, potential defences, and how a criminal defence lawyer can help.

What is Stunt Driving?

Stunt driving is defined under provincial highway traffic acts, such as Ontario’s Highway Traffic Act (HTA) Section 172. While specific definitions and penalties may vary by province, stunt driving generally includes:

• Excessive speeding: Driving 50 km/h or more over the speed limit in zones with a speed limit of 80 km/h or higher or 40 km/h or more over the speed limit in zones with a posted limit under 80 km/h.
• Street racing: Engaging in competitive driving, aggressive acceleration, or racing another vehicle on a public road.
• Performing stunts: Intentional actions such as drifting, burnouts, wheelies, or donuts.
• Driving in a reckless manner: Actions that intentionally block other vehicles, drive too close to another car, or force another driver off the road.
• Operating a vehicle without due care: Driving with no hands on the wheel, while standing, or in a way that jeopardizes public safety.

The law also applies to motorcycles, dirt bikes, and other motorized vehicles, meaning that reckless behaviour on any public road can lead to a stunt driving charge.

Penalties for Stunt Driving in Canada

Stunt driving is considered a serious traffic offence with harsh penalties that apply immediately upon being charged. Unlike a standard speeding ticket, stunt driving results in immediate administrative consequences and long-term legal repercussions.

Immediate Penalties Upon Being Charged

• Immediate 30-day licence suspension
• Immediate 14-day vehicle impoundment
• Significant towing and impound fees

Penalties Upon Conviction

The penalties for a first-time stunt driving conviction include:

• Fines between $2,000 and $10,000
• Licence suspension for one to three years
• Possible jail sentence of up to six months
• Mandatory driver education programs
• Six demerit points

For repeat offenders, penalties become more severe:

• Second Offence: Licence suspension for three to 10 years.
• Third Offence and Beyond: Lifetime licence suspension, depending on the severity of the offence.

Insurance Consequences of a Stunt Driving Charge

A stunt driving conviction can have serious financial implications, particularly when it comes to car insurance. Since stunt driving is classified as a high-risk offence, insurance providers often respond by:

• Raising your insurance premiums by up to 300%
• Classifying you as a high-risk driver, making it difficult to find affordable coverage
• Denying policy renewal, forcing you to seek insurance from high-risk providers

In some cases, drivers convicted of stunt driving may not be able to secure insurance coverage at all, severely impacting their ability to drive legally in Canada.

How to Fight a Stunt Driving Charge

Being charged with stunt driving does not automatically mean a conviction. There are several defence strategies that an experienced criminal defence lawyer can use to challenge the charges.

1. Challenging Speed Measurement Devices

Speeding is one of the most common reasons for stunt driving charges. However, the accuracy of radar or laser speed measurement devices can be questioned if:

• The officer did not calibrate the device properly.
• The speed-reading device picked up another vehicle’s speed instead of yours.
• The officer made a mistake in assessing speed limits in the area.

2. Arguing That the Charge Was Misapplied

In some cases, a police officer may charge someone with stunt driving without sufficient evidence. If your actions did not meet the legal definition of stunt driving, a lawyer can argue that the charge should be reduced or withdrawn.

3. Raising Charter Violations

Every Canadian citizen has constitutional rights under the Canadian Charter of Rights and Freedoms. If the police violated these rights—such as conducting an unlawful stop, failing to inform you of your right to legal counsel, or using improper questioning tactics—a lawyer can challenge the validity of the charge.

4. Arguing Necessity or Emergency Situations

If you were speeding or driving in a way that appeared reckless due to an emergency—such as avoiding an accident or responding to a medical emergency—your lawyer may be able to argue that the circumstances justified your actions.

5. Negotiating for a Reduced Charge

In some cases, your lawyer can negotiate with the Crown prosecutor to have the stunt driving charge reduced to a lesser offence, such as careless driving. This can significantly lower fines and prevent a licence suspension.

Why You Need a Criminal Defence Lawyer for Stunt Driving Charges

Stunt driving is a strict liability offence, meaning that even if you did not intend to break the law, you can still be found guilty. A criminal defence lawyer can help by:

• Analyzing the evidence to find weaknesses in the case against you.
• Negotiating with the prosecution to have the charges reduced or withdrawn.
• Representing you in court to challenge the police officer’s observations or procedural errors.
• Minimizing penalties to protect your driving record, insurance rates, and ability to drive legally.

Without legal representation, drivers charged with stunt driving face serious consequences that can affect their future.

Why Choose De Boyrie Law for Your Stunt Driving Defence?

At De Boyrie Law, we specialize in defending individuals against stunt driving charges. Our legal team has extensive experience handling traffic offences and knows how to challenge evidence, negotiate favourable outcomes, and protect your driving record.

We provide:

• Expert legal representation tailored to your case
• Aggressive defence strategies to fight stunt driving charges
• Personalized legal support to minimize fines, suspensions, and insurance impacts

Schedule a Free Consultation with De Boyrie Law

If you have been charged with stunt driving, do not take the risk of handling the case alone. Contact De Boyrie Law today for a free, confidential consultation. We will review your case, explain your legal options, and develop a defence strategy to protect your rights and future.