How to fight stunt driving ticket in Ontario

    “Stunt driving” is one of the most serious offences under the Highway Traffic Act. In addition, the penalties for a conviction of stunt driving in Ontario are the most severe in Canada after they were increased in 2007.

    Penalties for stunt driving in Ontario

    There are several types of penalties for a conviction of stunt driving. First, when you are pulled over and before you even get to the court, the police can immediately suspend your driver’s license. The police will also impound your car for seven days. Then, if the court convicts you, the penalties you face are:

    • six demerit points
    • a fine between $2,000.00 and $10,000.00
    • up to a two-year suspension of your driver’s license
    • a record of the offence that stays with you for three years
    • potentially, six months of jail time

    And then, of course, are the insurance company penalties. With a charge of stunt driving on your record and six demerit points, most companies will drop you.  You may then find it difficult to find insurance. If you do, it won’t be affordable. You’ll be paying thousands of dollars per year in extra insurance premiums.

    What Stunt Driving Is

    “Stunt driving” is a broad charge, and it includes a number of situations. Some of them mostly relate to relatively rare ones. Nevertheless, they all include driving in a pattern consistent with what we commonly believe to be driving stunts or racing contests:

    • Driving with the intention to lift the car’s tires off the ground
    • Operating a vehicle with the intention of having the car skid on a turn
    • Driving with the intention of having the car spin in a circle (doing doughnuts, essentially, even if it’s just in the parking lot)
    • Where two vehicles drive side by side, with one of them remaining in the lane for oncoming traffic for a longer time than is reasonably required to pass
    • Driving with a person in the trunk of the car
    • Driving the car while not sitting in the driver’s seat

    Other incidents which the law considers as “stunt driving” are more common on the roads.  They do not necessarily fit into what we would usually associate with stunts:

    • driving a car with the intention of preventing another vehicle from passing you
    • stopping or slowing the car to interfere with the movement of another vehicle, for example, cutting a car off or otherwise causing another car to unnecessarily stop or slow down
    • turning left immediately before or after the signal turns green for oncoming traffic
    • exceeding the speed limit by 50 km/hr or more

    Fighting stunt driving tickets

    Fighting stunt driving tickets is important because the penalties for a conviction of stunt driving are extensive. Generally, there are two major ways to fight a stunt driving ticket – either a settlement with the prosecution, whereby the driver pleads guilty to a lesser charge and receives a reduced penalty, or a full-scale trial, where the driver enters a plea of not guilty and argues his or her position before the judge.

    No matter which option you pursue, it is imperative to have a solid understanding of the case and a strong position to be successful at trial or pursue a settlement.

    Because stunt driving encompasses such a wide range of situations and is a highly technical matter, you should be carefully and individually weigh each case for the best course of action. Please feel free to contact us for a free assessment of your case. However, given the seriousness of the charge, we do strongly suggest retaining a paralegal for your stunt driving ticket.

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