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what speed is considered stunt driving in ontario?

What Speed is Considered Stunt Driving in Ontario?

When clients get Stunt Driving tickets or charges in Ontario, they often often confuse it with a standard speeding ticket.  They do not understand why the car was impounded and why they have a temporary license suspension.  Clients often say “I wasn’t stunt driving.  I was just speeding”.

Everything 39 km/h and below are a Part 1 Offence in Ontario

Regular speeding tickets are classified as a “Part 1” offence in Ontario.  This means, the penalties are fixed.  They are a certain amount of demerit point, and a cost-calculation total based on the kilometres over the limit.  These Part 1 offences cannot include additional penalties prescribed by the court.  The best way to recognize these tickets is that you can “check” off your options on the back of the ticket, to pay, plead guilty, request a resolution or a trial.  You then simply file the ticket with the court and take it from there.

Once you cross the 50km/h threshold, everything changes

Once you cross the 50 km/h threshold (with a speed limit of 50 km or more) or 40 km/h (with a speed limit of 70km or less), the offence jumps into a class called a “Part 3” offence.  Now, instead of checking off options on the back of the ticket, you now get a summons.  This means that you MUST appear in court on a specific day and a specific time.  You are no longer a simple speeding ticket.  The penalties are no longer fixed.  They are open to the Prosecutor to assign to your case.  They have ranges, meaning the Prosecutor can ask $2,000 or up to $10,000.  You will get a mandatory 1-3 year license suspension.  They can even ask for up to 6-months jail time.

Why did I get a speeding ticket in addition to the Stunt ticket?

The officer often gives both tickets when you are charged with Stunt Driving in Ontario.  The speeding ticket will tell you the actual speed, where as the Stunt Driving ticket indicates that you are now over 50 km/h.  They are both tied together.  Once is a result of the other.  The province classifies your speed as “stunt”.  Do not get hung up on the term “stunt”.  It is a legal term assigned to your charge under the Highway Traffic Act.  Think of the term “Stunt” more of a classification of a charge rather than a literal term.

Here is a summary of the all Stunt Driving penalties:

  • Fines: The minimum fine is $2,000. The maximum fine is $10,000.
  • Demerit Points: 6
  • Jail: Up to 6 months of file
  • Probation: Up to 2 years.
  • License Suspension: 1-3 year mandatory suspension.

The bottom line…40km/h – 50km/h over the posted speed limit changes everything.  Consider legal help.

A Stunt Driving conviction can have much more serious penalties such as up to 2 years suspension, up to \$10,000 in fines and up to 6-months jail time.  These are the penalties that will impair your ability to work and drive.  These are the penalties that will have a serious impact on your civil liberties.  These are the penalties you need to be focused on.  These penalties should be enough reason to get legal advise and a strategy that will help you keep driving in Ontario.

What is the difference between a Stunt Driving ticket and a regular speeding ticket in Ontario?

Stunt Driving tickets in Ontario are classified as a 'Part 3' offence, which is different from regular speeding tickets which are classified as a 'Part 1' offence. The main difference between the two is that a Part 3 offence carries much more severe penalties, such as a mandatory license suspension of 1-3 years, fines of up to $10,000, jail time of up to 6 months, and probation of up to 2 years. Additionally, with a Part 3 offence, you must appear in court on a specific day and time, as opposed to simply filing the ticket with the court for a Part 1 offence.

Why did I receive a speeding ticket in addition to a Stunt Driving ticket?

When you are charged with Stunt Driving in Ontario, the officer often gives both a Stunt Driving ticket and a speeding ticket. The Stunt Driving ticket indicates that you were driving over 50 km/h (or 40 km/h with a speed limit of 70 km or less), while the speeding ticket shows the actual speed you were traveling. These two tickets are tied together, as the province classifies your speed as 'stunt driving.' It's important to understand that the term 'stunt' is a legal classification of the charge, rather than a literal term.

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About Jon Cohen, Partner

Jonathan practices exclusively in defending Stunt Driving charges in Ontario.  He is the co-founding partner of Nextlaw and is licensed by the Law Society of Ontario.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.