What Speed Exactly Triggers Stunt Driving Charges in Ontario?
The answer depends on the posted speed limit of the road where you were charged. Ontario’s Highway Traffic Act establishes two distinct thresholds under Part 3 (stunt driving):
- 40 km/h or more over the limit on roads posted at speeds under 80 km/h
- 50 km/h or more over the limit on roads posted at 80 km/h or higher
For example:
- Driving 70 km/h in a 50 km/h zone = 20 km/h over (Part 1 speeding only)
- Driving 90 km/h in a 50 km/h zone = 40 km/h over (Part 3 stunt driving + Part 1 speeding)
- Driving 150 km/h in a 100 km/h zone = 50 km/h over (Part 3 stunt driving + Part 1 speeding)
It’s important to understand that even a single kilometer over these thresholds can trigger a Part 3 charge. There is no “grace zone.”
What’s the Difference Between Part 1 Speeding and Part 3 Stunt Driving?
This distinction is crucial because it determines the severity of the charges you face and the legal options available to you.
Part 1 Speeding (Highway Traffic Act)
- Applies to speeds 1–39 km/h over the limit (on roads under 80 km/h)
- Applies to speeds 1–49 km/h over the limit (on roads 80 km/h or higher)
- A minor traffic violation — not a criminal offence
- Fine only (no jail time)
- No mandatory vehicle impoundment
- No mandatory license suspension
- Does not result in a criminal record
Part 3 Stunt Driving (Highway Traffic Act)
- Applies to speeds 40+ km/h over the limit (on roads under 80 km/h)
- Applies to speeds 50+ km/h over the limit (on roads 80 km/h or higher)
- A serious criminal offence
- Jail time possible (up to 6 months)
- Mandatory vehicle impoundment
- Mandatory license suspension (up to 1 year minimum)
- Permanent criminal record
The jump in severity is dramatic. A Part 1 speeding conviction might cost you $300–$1,000. A Part 3 stunt driving conviction can cost you $2,000–$10,000 (or more), your driver’s license, your vehicle, and your clean record.
Why Do I Get Two Tickets for Stunt Driving?
This is one of the most misunderstood aspects of stunt driving charges in Ontario. When police pull you over and determine that you’re driving significantly over the speed limit, they will issue you with both a Part 1 speeding ticket and a Part 3 stunt driving charge.
Here’s how it works:
- Part 1 Speeding Ticket: This is the underlying traffic violation. It documents that you exceeded the posted speed limit.
- Part 3 Stunt Driving Charge: This is the criminal allegation. It alleges that your speeding constituted “stunt driving” under Part 3 of the Highway Traffic Act.
You are not charged twice for the same act of speeding; rather, the speeding is the basis for the more serious stunt driving allegation. The two charges are layered, and they work together in the prosecutorial framework.
This structure creates a strategic opportunity: if your lawyer can successfully defend against the Part 3 charge, you may still face the Part 1 speeding ticket. Conversely, negotiating a withdrawal of the Part 3 charge while accepting responsibility for Part 1 is a common and favorable outcome.
What Are the Complete Penalties for Stunt Driving?
If you are convicted of stunt driving under Part 3 of the Highway Traffic Act, you face a significant and multi-faceted punishment. Here is the complete breakdown:
Immediate Consequences (On Arrest)
- Vehicle Impoundment: Your vehicle is immediately seized and impounded for a minimum of 7 days. Impound fees average $100–$150 per day.
- License Suspension: Your driver’s license is immediately suspended for a minimum of 24 hours (roadside suspension under Ontario Regulation 518/07).
Court-Imposed Penalties
| Penalty Type | Details |
|---|---|
| Fine | $2,000 to $10,000 minimum (or more at judge’s discretion) |
| Jail Time | Up to 6 months imprisonment |
| License Suspension | 12 months minimum; up to 10 years maximum |
| Driving Prohibition | Minimum 1 year; discretionary up to lifetime |
| Vehicle Impoundment | 3 months minimum; up to 12 months at judge’s discretion |
Long-Term Consequences
- Criminal Record: A stunt driving conviction is a criminal offence. You will have a permanent criminal record, which affects employment, travel, and housing eligibility.
- Insurance: Your car insurance premiums will skyrocket (often doubling or tripling) or your policy may be cancelled entirely.
- Employment: Any job requiring a clean driving record (truck driver, taxi, delivery, commercial driver) will be unavailable to you.
- Travel: A criminal record may prevent entry to the United States and other countries.
- Professional Licenses: Some professional licenses (real estate, securities, law) require criminal background checks and may be denied or suspended.
The cumulative impact is severe. Beyond the immediate financial hit, a stunt driving conviction reshapes your life in ways that extend far beyond the courtroom.
What Do Ontario Stunt Driving Statistics Show?
Understanding the broader landscape of stunt driving enforcement and prosecution in Ontario can shed light on your situation and your prospects.
Provincial Overview (October 2024 – September 2025)
| Metric | Count | Percentage |
|---|---|---|
| Total Stunt Driving Charges Received | 11,284 | 100% |
| Withdrawn Before Trial | 4,422 | 39.2% |
| Withdrawn at Trial | 1,029 | 9.1% |
| Total Withdrawn | 5,451 | 48.3% |
| Guilty Pleas Before Trial | 305 | 2.7% |
| Total Disposed Cases | 7,313 | 64.8% |
| Charges Still Pending | 7,120 | 35.2% |
Key Insight: Nearly half of all stunt driving charges (48.3%) are withdrawn. This statistic demonstrates that the Crown does not automatically win these cases. With effective legal representation, your charge can potentially be withdrawn entirely.
Stunt Driving Charges by City (October 2024 – September 2025)
| City | Charges Received |
|---|---|
| York Region | 1,226 |
| Mississauga | 778 |
| Toronto | 718 |
| Waterloo Region | 656 |
| Durham Region | 400 |
If you were charged in one of these high-enforcement regions, you are not alone. Thousands of drivers face stunt driving charges every year, and many successfully defend themselves or negotiate favorable resolutions.
Video: Understanding Stunt Driving Speed Thresholds
For a visual explanation of stunt driving speed thresholds, watch this comprehensive guide:
Can You Fight a Stunt Driving Charge?
Absolutely. Stunt driving charges are not automatically won by the Crown. In fact, the high withdrawal rate (48.3%) shows that many charges are successfully challenged or negotiated.
Common legal defenses and strategies include:
Challenging the Speed Measurement
- Police radar or laser equipment may not have been properly calibrated or maintained
- Calibration certificates may be missing or expired
- The officer may not have been properly trained on the equipment
- Environmental factors (weather, road conditions) may affect accuracy
Charter Rights Violations
- The initial traffic stop may have been unlawful (no reasonable cause)
- Your rights under the Canadian Charter of Rights and Freedoms may have been violated
- Evidence obtained as a result of the violation may be excluded
Procedural and Evidence Issues
- Missing or incomplete police documents
- Inconsistencies in the officer’s testimony
- Improper administration of breath or drug tests (if applicable)
- Failure to properly advise you of your rights
Negotiation with Crown Prosecutors
- Withdrawal of the Part 3 stunt driving charge in exchange for accepting responsibility for Part 1 speeding
- Reduction of the speeding ticket to a lower amount
- Withdrawal of all charges with conditions (e.g., defensive driving course)
The outcome depends on the specifics of your case, the strength of the Crown’s evidence, and your lawyer’s negotiating power and trial experience.
Where Will My Stunt Driving Case Be Heard?
Your stunt driving case will be heard in the Ontario Superior Court in the judicial region where the charge was laid. Below are the five major court locations serving the highest-enforcement areas in Ontario:
Superior Court Locations
-
Toronto Superior Court
2201 Finch Avenue West
Toronto, ON M9M 2Y9
Phone: (416) 326-2700 -
Mississauga Superior Court
950 Burnhamthorpe Road West
Mississauga, ON L5C 3B4
Phone: (905) 566-5700 -
Newmarket Superior Court (York Region)
50 Eagle Street West
Newmarket, ON L3Y 6B1
Phone: (905) 853-4800 -
Oshawa Superior Court (Durham Region)
150 Bond Street East
Oshawa, ON L1G 0A2
Phone: (905) 433-1000 -
Kitchener Superior Court (Waterloo Region)
200 Frederick Street
Kitchener, ON N2H 0A8
Phone: (519) 570-4700
Your first court appearance (bail hearing) may take place at a local Provincial Police detachment or courthouse, but your trial will be heard at the Superior Court in your jurisdiction.
Frequently Asked Questions About Stunt Driving in Ontario
Can a stunt driving charge be reduced to speeding?
Yes. This is one of the most common outcomes in stunt driving cases. Through effective legal negotiation with Crown prosecutors, the Part 3 stunt driving charge can often be withdrawn, leaving only the Part 1 speeding ticket. This dramatically reduces your penalties and eliminates the criminal record.
Will I lose my driver’s license immediately after a stunt driving arrest?
Yes. Ontario Regulation 518/07 allows police to immediately suspend your license for 24 hours at roadside during a stunt driving arrest. Additionally, the court will likely impose a minimum 12-month license suspension upon conviction. A lawyer can often negotiate a reduced suspension period.
How much is the fine for stunt driving in Ontario?
The fine ranges from $2,000 to $10,000 minimum, but judges can impose higher fines at their discretion. The actual amount depends on your driving record, the severity of the speeding, and other aggravating or mitigating factors.
How long does a stunt driving case take to resolve?
The timeline varies. Some cases are withdrawn within 6–12 months of the charge. Others take 2–3 years to resolve through trial. A lawyer can often expedite the process by scheduling an early Crown consultation and negotiating a resolution.
Will a stunt driving conviction affect my ability to travel?
Yes. A criminal conviction may prevent you from entering the United States, and some countries require you to disclose criminal convictions. This can impact vacations, business travel, and professional opportunities.
Can I get my stunt driving charge erased from my record?
If your charge is withdrawn, no criminal record is created. If you are convicted but later receive a pardon (now called a record suspension) from the Parole Board of Canada, your record can be sealed. However, this process is lengthy and not guaranteed. Prevention through effective legal defense is far preferable.
What should I do if I receive a stunt driving charge?
Contact a stunt driving lawyer immediately. Do not ignore the charge or miss your court date. Do not speak to police without a lawyer present. The sooner you secure legal representation, the sooner we can review the Crown’s evidence, identify weaknesses, and begin negotiating a favorable resolution.
How much does it cost to fight a stunt driving charge?
Legal costs vary depending on the complexity of your case, whether it goes to trial, and your lawyer’s experience. Most stunt driving lawyers offer transparent fee structures and can discuss cost options during your consultation. Many consider legal representation an investment that saves far more in fines, insurance increases, and lost employment opportunities.
What Clients Say About NextLaw
Our track record speaks for itself. With an average rating of 4.9 out of 5 stars from 764 reviews, NextLaw has helped thousands of drivers successfully defend against or reduce their stunt driving charges.
“I had the pleasure of working with jon at Nextlaw for my case and I couldn’t be more satisfied with the outcome. From our first consultation, they were professional, knowledgeable, and took the time to explain everything in detail. They kept me informed throughout the entire process and made me feel supported every step of the way. I highly recommend them to anyone looking for reliable, top-notch legal representation.”
— RAVI TEJPAL
“Got rid of stunt driving charge and reduced to speeding ticket. Helped me with the whole process entirely thanks so much!”
— Austin Gonbadi
“My first time needing a lawyer for a stunt driving ticket, and hands down would use Jon’s expertise again if (hopefully not) needed!”
— J
“Jon and team were incredible through this whole experience. A very intimidating situation to be in, but Jon made it comfortable, was reassuring, realistic, and they kept me informed and in the loop every step of the way. I couldn’t be happier with the outcome. Worth every penny!! Would highly recommend, you will not regret it. Thank you, NextLaw!!”
— Kyle Bryant
“What a life saver these lawyers are. Loved the outcome of my case, i didn’t even have to go to court. These guys handled everything. Highly recommend.”
— Justine Bolton
“Nextlaw was very effective and efficient when handling my case. Put your trust in them and have that weight lifted off of your shoulders as I have!”
— Caleb V
Take Action: Defend Your Stunt Driving Charge Today
A stunt driving charge is serious, but it is not a death sentence. With nearly 50% of charges being withdrawn, your case can be successfully defended or resolved favorably.
The key is acting quickly. The sooner you secure legal representation, the sooner we can:
- Review all Crown evidence and police documentation
- Identify weaknesses in the Crown’s case
- Schedule an early Crown consultation to discuss resolution options
- Negotiate withdrawal or reduction of charges
- Prepare for trial if negotiation is unsuccessful
Call NextLaw today for a free consultation:
Or visit us online at stunt-call.nextlaw.ca to book your consultation. Jonathan Cohen and the NextLaw team are ready to fight for you.
Time matters in stunt driving cases. Don’t delay — contact us today.
