Stunt driving tickets are given out in response to a law that was created in 2008 by the Ontario government to combat speeding at high rates of speed.
A stunt driving ticket can be given to any driver caught exceeding the speed limit by more that 50km/h.
Stunt driving is not considered a criminal offence, but drivers can be sent to jail.
The offence is considered a traffic ticket issued under the Highway Traffic Act which is a provincial law.
The penalty for a conviction to stunt driving can include;
A stunt driving ticket can be given to any driver caught exceeding the speed limit by more that 50km/h, or a speed 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.
Being charged with Stunt Driving is a serious situation, and drivers should consider getting legal advice and representation for your court appearance.
Although you maybe able to represent yourself in court, if anything goes wrong you could have a serious problem or end up in jail.
Some jurisdictions, especially Durham Region courts, have sent drivers to jail for high speed stunt driving charges, and fines of over $5,000 are not uncommon.
The police can charge a driver for stunt driving under numerous conditions and specifically for speeding where;
“Marked Departure” 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.
Stunt driving also covers other events listed in Ontario Regulation 455/07 of the Highway Traffic Act not specifically related to speeding.
Stunt driving charges 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 may 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.
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.
Once stopped by the police for Stunt Driving the officer will give the driver two (2) documents.
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 $180 reinstatement fee, and the record of the suspension stays on the driver abstract/record for three (3) years.
After the 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 driver or his legal representative must appear in court on the court date or the judge can issue a bench summons to arrest the driver and bring them to court.
Once released by the officer for the stunt driving charge, the officer will give the driver a summons to appear in court.
The summons will have a date that the driver is being commanded to appear before the justice.
The driver must appear in person or may have a licensed paralegal appear in court 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.
This court date may be the first in many court dates for a charge of stunt driving. The first court date is commonly called by the court a “Set Date” meaning that the court date is for the driver to either plead guilty to the charge or to set a date for trial.
If the driver pleads guilty to the charge then the justice may give the driver the penalties set for those convicted of stunt driving.
Should the driver wish to plead not guilty or 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 which is the officers notes about how they came about to charge the driver.
The purpose of this page is to provide information.
Any person who is charged with an offence in Canada is permitted to have their day in court, to meet their accuser, to have a judge make a decision as to guilt or innocence and to fight their speeding ticket.
If you are considering fighting your speeding ticket, we recommend that you seek legal advice that is readily available from the thousands of licensed paralegals in Ontario.
Unfortunately, too many motorists don’t know their rights, and do not understand the insurance implications and penalties of a speeding ticket in Ontario.
OntarioSpeeding.com recommends OTT Legal Services for fighting speeding tickets in Ontario.
