There may be new penalties for stunt driving coming to Ontario in 2021. On April 26, 2021, the MOMS Act was introduced in Parliament. This Act is described below (from the Ontario.ca website):
You can read the exact language of the proposed MOMS Act here
“Ontario is taking strong action to protect young drivers and vulnerable road users by introducing new legislation to combat street racing/stunt driving, and aggressive and unsafe driving on our roads. The Moving Ontarians More Safely Act, 2021, also known as the MOMS Act. The Moving Ontarians More Safely Act, 2021, (MOMS Act) proposes legislative and regulatory changes that would, if passed:
Fight Street Racing/Stunt Driving, and Aggressive and Unsafe Driving- Increase the roadside driver’s licence suspension and vehicle impoundment periods for drivers caught street racing/stunt driving from 7-days each to a 30-day driver’s licence suspension and a 14-day vehicle impoundment.
- Introduce escalating post-conviction driver’s licence suspensions for drivers convicted of street racing/stunt driving:
- For a first offence, a minimum of one to three years
- For a second offence, a minimum of three to 10 years
- For a third offence, a lifetime suspension that may be reduced at a later date to be established by regulation, and
- For fourth and subsequent offences, a lifetime driver’s licence suspension.
- Create a lower speed threshold for stunt driving charges of driving 40 kilometres per hour (km/h) or more above the speed limit on roads where the speed limit is less than 80 km/h.
- Introduce a default speed limit of 80 km/h on a highway not within a local municipality or a built-up area…”
So what does this mean if I already have a Stunt Driving charge?
- For a first offence, a minimum of one to three years
- For a second offence, a minimum of three to 10 years
- For a third offence, a lifetime suspension that may be reduced at a later date to be established by regulation, and
- For fourth and subsequent offences, a lifetime driver’s licence suspension.
If you get a stunt driving charge BEFORE the MOMS Act is passed, you are still facing the existing penalties:
- $2,0000 – $10,000 in fines
- Up to 6 months jail time
- Up to 2 years license suspension
- 6 Demerit Points
- Probation
So the penalties are still potentially huge, but expanded mandatory suspension and longer impound etc will not yet apply to your case. The bad news is that your existing case, once the NEW legislation is passed, could make it harder to negotiate a plea deal with the Prosecutor, as these new penalties will make it difficult to distinguish between pre-MOMS and post-MOMS legislation.
Bottom line? If you ever needed legal help, the time is now
Stunt should always require some sort of legal help, because you have so many civil liberties at stake – your license, huge fines, jail and more. But with the new MOMS penalties, it will become critical to get legal advice, because a basic Stunt penalty will now include a year suspension, which could destroy your ability to work and take care of your family.
What are the existing penalties for stunt driving in Ontario?
The existing penalties for stunt driving in Ontario are $2,000 to $10,000 in fines, up to 6 months jail time, up to 2 years license suspension, 6 Demerit Points, and probation.
How will the MOMS Act impact stunt driving penalties in Ontario?
Once passed, the MOMS Act increased the roadside driver's license suspension and vehicle impoundment periods for drivers caught stunt driving, introduced escalating post-conviction driver's license suspensions, created a lower speed threshold for stunt driving charges, and introduce a default speed limit of 80 km/h on a highway.
