What Is the MOMS Act and When Did It Start?
The Making Ontario Roads Safer (MOMS) Act is Ontario legislation designed to eliminate stunt driving through mandatory, non-negotiable penalties. It became law in 2021 and remains in full effect today. The Act defines stunt driving as street racing, excessive speeding (typically 40+ km/h over the limit), tailgating, dangerous manoeuvres, and other high-risk driving behaviour.
What makes the MOMS Act different from prior stunt driving laws is its mandatory nature. Courts have no discretion. If you’re convicted, the suspension, impound, and other penalties are automatic. No negotiation. No exceptions.
Between October 2024 and September 2025, Ontario police and highways officers laid 11,284 stunt driving charges. This is not theoretical law—it’s actively enforced across the province.
What Are the Mandatory Licence Suspensions Under the MOMS Act?
The MOMS Act imposes mandatory, escalating licence suspensions that increase with each offence:
- First offence: 1–3 years mandatory suspension
- Second offence: 3–10 years mandatory suspension
- Third or subsequent offence: Lifetime suspension (no reinstatement available)
These suspensions are mandatory. A judge cannot reduce or waive them. Even if mitigating circumstances exist, even if this is your first mistake, the suspension stands. The Crown doesn’t have to prove you’re a threat; the law assumes it.
A lifetime suspension after a third offence means you can never legally drive in Ontario again. Your driving privileges end permanently.
What Is the 30-Day Roadside Suspension?
Unlike the licence suspension that comes after conviction, the roadside suspension is immediate. When you’re charged with stunt driving at the roadside, the officer can serve you with a 30-day administrative suspension on the spot. Your licence is suspended for 30 days before trial, before sentencing, before any conviction.
This is called an administrative suspension—it’s not a conviction, but it is legally enforceable. You cannot drive during those 30 days. Not to work. Not for medical appointments. Not at all. Any driving during a roadside suspension is a criminal offence with additional penalties.
The 30-day suspension applies to stunt driving charges, racing, and dangerous driving. It’s automatic upon charge, not conviction.
What Happens to My Vehicle Under the MOMS Act?
If you’re charged with stunt driving, your vehicle is impounded for 14 days. This is mandatory. The car is towed and held at a licensed tow yard. You’ll pay towing fees, storage fees, and daily compound charges until the 14 days expire. Costs typically range from $500 to $2,000.
If it’s a second stunt driving offence within 10 years, the impound period extends to 30 days, and the vehicle may be forfeited (permanently seized) to the province if you’re convicted.
The impound is administrative—it happens regardless of trial outcome. You can recover your vehicle after the 14 days, but you pay all costs upfront.
Can I Drive While Under a Roadside Suspension?
No. Driving while suspended is a serious criminal offence. If you drive during your 30-day roadside suspension, you can face:
- A fine of up to $5,000
- Up to 6 months in jail
- A criminal record
- An additional licence suspension of 1–3 years on top of your original stunt driving suspension
The Crown can prove you were driving while suspended with simple evidence: a witness, a police observation, or dashboard camera footage. Judges take these offences seriously because they view continued driving as reckless and dangerous.
If you have a legitimate need to drive during the suspension (work, medical, family emergencies), you may be able to apply for an ignition interlock exemption or work permit, but this is not automatic. You must apply before the suspension begins, and judges deny most applications unless there’s genuine hardship.
What Are the Financial Penalties for Stunt Driving Under the MOMS Act?
In addition to suspension and impound, the MOMS Act imposes minimum fines:
- First offence: Minimum $1,000 fine
- Second offence: Minimum $1,500 fine
- Third or subsequent offence: Minimum $2,000 fine
These are minimums. Judges can impose higher fines based on circumstances. Additionally, you’ll face:
- Victim surcharge (10% of fine)
- Court costs
- Towing and impound fees (typically $500–$2,000)
- Increased insurance premiums (if you can get coverage at all)
- Legal fees if you retain a defence lawyer
Total cost for a first stunt driving conviction can easily exceed $5,000 when all fees and penalties are combined.
Stunt Driving Charges Across Ontario — October 2024 to September 2025
Here’s the latest data on stunt driving enforcement across the province:
| Metric | Count | Percentage |
|---|---|---|
| Total 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 | 7,313 | 64.8% |
| Charges still pending | 7,120 | 63.1% |
Key insight: Nearly half of all stunt driving charges (48.3%) are withdrawn—either before trial or at trial. This doesn’t mean you should assume your charge will be dropped. It means that with proper defence, withdrawals are possible. The charges that survive trial and result in conviction carry the full weight of the MOMS Act.
Where Are Stunt Driving Charges Most Common in Ontario?
Enforcement is not uniform across the province. Some regions record significantly higher charges:
| City/Region | Charges (Oct 2024–Sep 2025) |
|---|---|
| Toronto | 718 |
| Barrie | 660 |
| Ottawa | 496 |
| Durham Region (Oshawa) | 400 |
| Hamilton | 317 |
Toronto and Barrie account for nearly 1,400 of Ontario’s stunt driving charges. If you’ve been charged in these areas, you’re dealing with courts that have high trial volume and see stunt driving cases regularly.
Can I Fight a Stunt Driving Charge?
Yes. Many defences exist:
- Improper stop: Did police have reasonable grounds to stop your vehicle?
- Mistaken identity: Are you the driver, or was the vehicle misidentified?
- Charter violations: Were your rights breached during the stop or investigation?
- Speed measurement issues: Was radar or LIDAR calibrated correctly? Was it used properly?
- Witness credibility: Was the officer’s observation consistent with what they reported?
- Procedural errors: Did police follow proper procedures for charging and disclosure?
The data shows 48.3% of charges are withdrawn. Many are withdrawn because Crown counsel reviews the case and recognizes weaknesses. Others are withdrawn at trial after cross-examination reveals inconsistencies. Defence is possible, but you need a lawyer who understands provincial driving law and has trial experience.
Can the Mandatory Suspension Be Reduced?
No. The MOMS Act made suspensions mandatory, non-negotiable, and discretion-free. A judge cannot reduce a 1–3 year suspension to 6 months. They cannot suspend it conditionally. They cannot impose probation in its place.
The only way to avoid the suspension is to avoid conviction. If the charge is withdrawn or you’re acquitted, no suspension applies. But if you’re convicted—whether by plea or trial verdict—the suspension is automatic.
This is why fighting the charge, rather than accepting it, is so critical. A guilty plea secures the conviction and triggers the mandatory penalties. A withdrawn charge or acquittal avoids them entirely.
What Happens If I’m Convicted a Second Time?
The penalties escalate dramatically:
- Mandatory licence suspension: 3–10 years (vs. 1–3 years for first offence)
- Roadside suspension: 30 days (same as first)
- Vehicle impound: 30 days (extended from 14 days)
- Potential vehicle forfeiture: If convicted, the vehicle may be permanently seized by the province
- Minimum fine: $1,500
A second conviction within 10 years is treated as a serious repeat offence. The province views this as evidence you didn’t learn from the first penalty, so the law hits harder.
What Happens If I’m Convicted a Third Time?
The consequences become permanent:
- Mandatory lifetime suspension: You can never drive legally in Ontario again
- No reinstatement available: Unlike other suspensions, lifetime bans cannot be appealed or lifted
- Vehicle forfeiture: The vehicle is seized by the province
- Minimum fine: $2,000
A third stunt driving conviction ends your driving privileges permanently. You cannot apply for a reinstatement, cannot request a review, cannot argue for leniency. The licence is gone forever.
What Is Driving While Suspended, and Why Is It So Serious?
Driving while suspended means operating a vehicle while your licence is under suspension—whether that suspension is a roadside suspension, a conviction suspension, or any other administrative suspension.
Penalties for driving while suspended include:
- Fine: up to $5,000
- Jail: up to 6 months (first offence); up to 1 year (subsequent offences)
- Criminal record
- Additional mandatory suspension: 1–3 years on top of original suspension
- Vehicle may be seized
The Crown doesn’t need to prove intent. If your name appears in the province’s suspension registry and you were driving, that’s sufficient. A witness statement, a police observation, or licence plate recognition can all prove the offence.
Courts treat driving while suspended as extremely serious. It shows contempt for the law and disregard for public safety. Even a first offence can result in jail time.
Can I Get a Work Permit or Ignition Interlock During the Suspension?
Possibly, but it’s not automatic. If you have genuine hardship—medical necessity, essential work without alternative transportation, caregiving responsibilities—you may apply for:
- Work permit: Allows driving to and from work only during the suspension period
- Ignition interlock exemption: Allows driving if your vehicle has an interlock device that prevents operation if you’ve consumed alcohol
You must apply before the suspension begins. You must provide documentation of hardship. Judges and the Ministry of Transportation deny many applications, especially for first-time stunt driving offences. The bar is high.
If your only hardship is inconvenience or cost, your application will likely be denied.
How Long Does a Stunt Driving Case Typically Take?
Most cases take 6–18 months from charge to resolution, depending on:
- The court location and docket volume
- Complexity of the case and evidence
- Number of adjournments requested by Crown or defence
- Whether the case goes to trial or resolves by withdrawal
- Whether you have legal representation
The 30-day roadside suspension begins immediately upon charge, regardless of how long the case takes. If your case takes 12 months to resolve, your roadside suspension will have expired. However, if you’re convicted, the mandatory suspension applies retroactively and will extend for 1–3 years from the conviction date.
Frequently Asked Questions About the MOMS Act
What counts as stunt driving in Ontario?
The Highway Traffic Act Section 172 defines stunt driving as: (a) racing, (b) excessive speeding (generally 40+ km/h over the posted limit), (c) tailgating at high speed, (d) blocking traffic, (e) swerving through traffic, (f) driving with the lights off, (g) driving in a wheelie, (h) two-up riding, or (i) any other driving that demonstrates wanton or reckless disregard for the safety of others. It’s broadly defined and left largely to officer discretion.
Is excessive speeding always stunt driving?
No. Speeding becomes stunt driving when it’s 40+ km/h over the limit or when the officer believes it demonstrates wanton or reckless disregard for safety. Simply speeding 20 km/h over the limit is not stunt driving. However, speeding 50 km/h over and weaving through traffic would be.
Can I appeal a stunt driving conviction?
Yes, but the bar is high. You must identify an error in law or procedure by the trial judge. Appeals generally focus on: (a) whether evidence was improperly admitted, (b) whether the judge misapplied the law, (c) whether the verdict was unreasonable, or (d) whether your Charter rights were violated. Simply disagreeing with the verdict isn’t grounds for appeal.
If I was charged with stunt driving but the charge is withdrawn, does it go on my record?
No. If the charge is withdrawn before or after trial, there is no conviction. A withdrawal does not result in a criminal record (unless agreed to under Gladue principles in certain circumstances). However, the police record of the charge may remain in law enforcement databases.
Can I apply for a pardon if convicted of stunt driving?
Yes. After you have completed your sentence (including the suspension period), you can apply for a pardon (now called a Record Suspension in Canada). However, a pardon does not erase the conviction; it seals it from public view. Your driving history will still reflect the conviction and suspension.
What if my vehicle is impounded but I need it for work?
You must apply to the court for an exemption before the impound is lifted (at day 14 for first offence, day 30 for second). You’ll need to provide evidence of genuine hardship. Most applications are denied. Alternatively, you can retrieve the vehicle after the impound period ends and pay all storage and towing fees, but you cannot drive it if you’re under suspension.
If I was under 25 when charged, are penalties different?
No. The MOMS Act applies equally regardless of age. Whether you’re 19 or 59, a conviction results in the same mandatory suspension and penalties. Age is not a mitigating factor for stunt driving.
Can the Crown withdraw a stunt driving charge?
Yes. The Crown can withdraw a charge at any point before or after trial if they believe there is insufficient evidence to proceed, if procedural errors occurred, or in their discretion. However, the Crown will not withdraw simply because you ask. They withdraw when they identify genuine weaknesses in their case.
Where Can I Fight My Stunt Driving Charge in Ontario?
Stunt driving charges are heard in Ontario Provincial Court at these key locations:
- Barrie Provincial Offences Court — 75 Mulcaster Street, Barrie, ON
- Toronto Provincial Offences Court — 2201 Finch Avenue West, Toronto, ON
- Ottawa Provincial Offences Court — 161 Elgin Street, Ottawa, ON
- Hamilton Provincial Offences Court — 50 Main Street East, Hamilton, ON
- Oshawa Provincial Offences Court (Durham Region) — 150 Bond Street East, Oshawa, ON
Your case will be heard at the court in the jurisdiction where you were charged. Different courts have different docket volumes, judge assignments, and Crown policies. Understanding your local court is important for case strategy.
The Bottom Line: What You Need to Know About the MOMS Act in 2026
The MOMS Act has been law for five years. It’s not new, proposed, or controversial—it’s enforced every day across Ontario. If you’ve been charged with stunt driving:
- Your 30–day roadside suspension is immediate and enforceable
- Your vehicle will be impounded for 14 days (30 if it’s a second offence)
- If convicted, your licence suspension is mandatory: 1–3 years (first), 3–10 years (second), lifetime (third)
- No judge can reduce or waive these penalties
- Driving while suspended carries criminal penalties including jail time
- Nearly half of all charges are withdrawn—but only with proper defence
The data shows that withdrawals happen. But they don’t happen by accident. They happen when weaknesses in the Crown’s case are identified, challenged, and exposed. This requires a lawyer who understands Highway Traffic Act offences, cross-examination tactics, and Charter law.
A guilty plea locks in the conviction and triggers the mandatory penalties immediately. Fighting the charge preserves your options.
What Does NextLaw Bring to Your Stunt Driving Defence?
If you’ve been charged with stunt driving under the MOMS Act, you’re not facing this alone. NextLaw has successfully defended hundreds of clients facing stunt driving charges across Ontario. Here’s what clients say:
“They were able to get my stunt driver over 150 removed to a lesser charger. I am thankfully able to still driver…. thanks again Jon!!”
— Ebenezer Adjei
“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
“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
“Next Law’s team is highly professional and knowledgeable and deliver outstanding support and results. Their systems for communication are excellent and follow up and response times are first rate.”
— Peter H
We understand the MOMS Act inside and out. We know the courts, the Crown prosecutors, and the officers who write the charges. We identify weaknesses in police evidence, challenge procedural errors, and fight for withdrawals or acquittals. When the charge cannot be withdrawn, we negotiate alternatives.
But time matters. The longer you wait, the closer you move toward trial, and the more limited your options become. Early intervention often leads to better outcomes.
Watch This: Understanding Stunt Driving Penalties
Learn more from our video:
Don’t Face the MOMS Act Alone
Your licence, your vehicle, and your freedom are at stake. Every day you wait is a day closer to trial. Call NextLaw now for a free, confidential consultation.
Visit stunt-call.nextlaw.ca to book your consultation online
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