Stunt Driving
Stunt driving, it is one of the most serious traffic infraction charges on the road. If you are contacting us because you have been charged with stunt driving, it means you were taken out of the car you were driving and it was towed away, irrespective of whether the car belongs to you or not. It is also true that your license has been suspended for seven days and, if you were lucky, your only fine with the demerit points accumulation was $2,000.00. We say lucky, because there is an open discretion to fine you up to $10,000.00, which is the maximum amount on stunt driving.Stunt driving charge does not necessarily mean that you were engaging in some acrobatic display on the road with onlookers cheering at your amazing skill. Some of the acts that can end you up with the ultimate charge of stunt driving are:
- Speeding more than 50km/h over the assigned speed limit;
- Engaging in a road rage or running after another;
- Driving with a person in the trunk;
- Repeatedly cutting in and out of lanes;
- Intentionally driving the vehicle in circles, known as doing donuts on the roadway;
- Engaging in street racing with another vehicle where a bet or wager is involved;
- Intentionally losing traction of the vehicle while on the road;
- Intentionally lifting some or all of the vehicles tires off while driving on the roadway.
In 2007, the Ontario government amended section 172 of the Highway Traffic by of the Safer Roads for a Safer Ontario Act, 2007, S.O. 2007, c. 13. This amendment specifically targeted Stunt driving, racing and the engagement of contest, bet or wager on Ontario’s roads. The amendment was necessitated by the then constant and repeated fatal road accidents that had been observed by law enforcement agencies and the public on numerous but a growing rate by such acts that needed to be curbed. The law also prohibited racing and any act of engaging in contest on the road.
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Here, we provide you with some of the recipes that made stunt driving, racing and engaging in contest driving a hot iron to swallow:
Racing, stunts, etc., prohibited
172. (1) No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.
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 his or her driver’s licence may be suspended,
(a) on a first conviction under this section, for not more than two years; or
(b) on a subsequent conviction under this section, for not more than 10 years.
Determining subsequent conviction
(3) 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.
10-year limitation
(4) 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).
Police to require surrender of licence, detention of vehicle
(5) Where 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 his or her driver’s licence; and
(b) detain the motor vehicle that was being driven by the person until it is impounded under clause (7) (b).
Administrative seven-day licence suspension
(6) Upon a request being made under clause (5) (a), the person to whom the request is made shall forthwith surrender his or her 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, his or her driver’s licence is suspended for a period of seven days from the time the request is made.
Administrative seven-day vehicle impoundment
(7) Upon a motor vehicle being detained under clause (5) (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 seven days from the time it was detained under clause (5) (b).
