Stunt Driving Ticket Defence - Precision Paralegal Services

Stunt Driving Ticket Defence

Charged with Stunt Driving – Now What?

Being charged with Stunt Driving is a serious situation, drivers should consider getting legal advice and representation for your court appearance from Precision Paralegal. We have been representing our clients for over 23 years and have a team of experienced paralegals can assist in your defence.

Although you maybe able to represent yourself in court, if anything goes wrong, you could:

  • Recieve a fine up to $10,000
  • Lose your licence for up to 6 months
  • 6 demerit points
  • End up in jail for 6 months
  • Have your insurance cancelled or significantly increased

Some jurisdictions, have sent drivers to jail for high speed stunt driving charges, and fines of over $5,000 are not uncommon.

Stunt Driving and Racing follow under the same part of the Highway Traffic Act but are defined differently. Some people think Stunt driving or Racing are the same thing. While they are under the same section, they are different offences which share the same penalty structure. There are different ways one can find themselves charged with Stunt Driving or Racing.

Stunt Driving is defined by the following 8 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 50 kilometres per hour or more over the speed limit.
    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,
    1. i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
    2. 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,
    3. 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,
    4. 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; an
      • (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.Below we have answered some of your most frequently asked questions about Stunt Driving

As you can see from what is defined as stunt driving, it’s a lot more than simply speeding more than 50 km/h over the speed limit. This makes it important when defending a Stunt Driving or a Racing charge to know exactly what driving conduct is being alleged and being prepared to respond to the allegations. Missing a step could be detrimental to your case; the jeopardy is high, so make sure that an experienced licensee represents you.

Below we have answered some of your most frequently asked questions about Stunt Driving:

What is the penalty for Stunt Driving

The Ticket for Stunt Driving 

Getting Your Licence Back after a Stunt Driving Ticket

Getting Your Vehicle Back after a Stunt Driving Ticket

Appearing in Court for Stunt Driving

Stunt Driving and Your Vehicle

8 Stunt Driving Behaviours

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What is the Penalty for Stunt Driving?

The penalty for a conviction to stunt driving includes:

  • six (6) demerit points
  • fine between $2,000 – $10,000
  • possible jail up to six (6) months
  • seven (7) day impoundment of vehicle
  • immediate seven (7) day driver licence suspension
  • possible further two (2) year suspension upon conviction
  • Increase to your insurance rates

A stunt can be defined as:

  • exceeding the speed limit by more that 50km/h, or
  • at a rate that is a marked departure from normal motor vehicle travel

Stunt driving is not considered a criminal offence, it is a traffic ticket issued under the Highway Traffic Act which is a provincial law.

The Ticket for Stunt Driving

Once stopped by the police for Stunt Driving the officer will give the driver three (3) documents:

  • a summons to appear in court
  • a notice that drivers licence has been suspended for 7 days
  • a notice of the seizure of the vehicle for 7 days
  • A summons is a traffic ticket without a fine that commands the driver or their representative to appear in court before a Justice of the Peace.

The driver must appear in person or may have a licensed paralegal appear on their behalf. If the driver does not appear on the court date, the justice can:

  • issue a bench summons
  • for the arrest of the driver, or
  • convict the driver in their absence.
  • A “Bench Summons” is a court order for the police to arrest the driver.

Once arrested the police must take them into custody and to bring them before a judge forthwith.

Getting Your Licence Back after a Stunt Driving Ticket

Drivers while awaiting the court date can apply to have their licence reinstated.

After the seven (7) days have past, the driver may attend at any Ministry of Transportation office to have their drivers licence reinstated.

The driver will have to pay a $281 reinstatement fee, and the record of the suspension stays on the driver abstract/record for three (3) years.

Getting Your Vehicle Back after a Stunt Driving Ticket

After seven (7) days are past, the driver and/or owner of the vehicle can attend at the auto pound to pick up the vehicle.

The driver will be responsible to pay the cost of towing the vehicle to the pound and a daily fee for storage of the vehicle, the cost will be approx. $700 or more.

The vehicle cannot be released before the 7 days except for 2 exceptions:

  • the vehicle was stolen
  • the owner can prove to a justice that the vehicle was taken without their consent

Where the vehicle is taken without consent the owner would have to apply for a legal hearing before a justice of the peace.  Usually this would take more than 7 days so there is little merit in doing so.

Appearing in Court for Stunt Driving

The court date on the summons to appear, may be the first in many court dates for a charge of stunt driving.

Stunt charges have a first court date, commonly called by the court a “Set Date”, meaning that the court date is a date for the driver to either plead guilty to the charge or to set a date for trial.

If the driver pleads guilty to stunt driving then the justice may give the driver the penalties set for those convicted of stunt driving.

Should the driver plead not guilty or to wish to seek legal advice, then the justice would adjourn the case to another court date, commonly called a “To Be Spoken To Date” or TBST.

On the first court appearance the prosecutor will usually give the defendant or their representative the disclosure.

Disclosure is a group of documents containing the officers notes, the driving record of the defendant and any other pertinent information regarding the charge.

Stunt Driving and Your Vehicle

Stunt driving tickets are most commonly laid by the police where the police officer has observed the driver exceeding the speed limit by more than 50km/h.

The police officer can ascertain the speed of the vehicle by any of the 3 methods of speed enforcement, Radar, laser or Pacing.

Once the officer has stopped the driver, the officer is allowed by law to seize the motor vehicle and impound it for seven (7) days.

The driver is responsible for the cost of the towing and the storage of the vehicle, in a private auto pound for the seven days, which can be hundreds of dollars.

The cost applies even if the vehicle is a rental vehicle or the driver does not own the car.

The vehicle will not be released under any circumstances unless the owner can establish that the driver had stolen the vehicle.

The driver and any passengers must find their own transportation from there on, the police officer is not obligated to take the driver home, but only to a place of safety where you will be responsible to obtain your own transportation.

Stunt Driving is defined by the following 8 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 50 kilometres per hour or more over the speed limit.
    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,
    driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing, 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,
    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,
    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; an
    (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. 

Getting Started is Easy

Free 30 Minute Consultation

Discuss your matter with one of our experienced paralegals to determine the best course of action

Book Appointment

Book an appointment online and select the paralegal and time that works best for you.