Why “I Was Just Passing” Does Not Work as a Defence
Drivers who get charged while overtaking almost always feel the charge is unfair. They were not being reckless. They were not racing. They were doing what every driving instructor teaches — complete the pass quickly to minimize time in the oncoming lane. And that quick acceleration pushed them over the stunt driving threshold.
The problem is that Ontario’s stunt driving law is a strict liability offence. The prosecution does not need to prove you intended to drive recklessly. They only need to prove the act — that you were travelling at the prohibited speed at the moment the officer recorded the reading. Your reason for going that fast is legally irrelevant at the point of charge.
What the Officer Sees
The officer does not see the full picture of your pass. They see a speed reading on a radar or lidar unit. That reading is either above the stunt threshold or below it. If it is above, the charge is laid. The officer’s notes might mention you were overtaking, but that detail does not prevent the charge from being filed.
What the Prosecutor Sees
The prosecutor receives a file with a speed reading, a posted speed limit, an officer’s notes package, and calibration records. They see numbers. A reading of 112 km/h in a 70 km/h zone is 42 over — stunt driving territory. Whether you were passing a car, keeping up with traffic, or just not paying attention to your speedometer, the charge looks the same on paper.
How Passing Situations Create Stunt Driving Charges
This is one of the most common ways people get stunt driving charges without realizing the risk. Here is how it typically happens:
Two-Lane Rural Highways
You are behind a farm vehicle or a slower car on a two-lane road posted at 70 or 80 km/h. You see a gap in oncoming traffic, pull out to pass, and accelerate to complete the manoeuvre safely. On a road posted at 70 km/h, hitting 110 km/h during the pass puts you at 40 over — stunt driving. You were going that speed for maybe eight seconds, but the radar does not measure duration. It measures the peak.
Highway On-Ramp Merges
Merging onto a 100 km/h highway requires matching traffic speed quickly. If you accelerate hard up the ramp and hit 152 km/h before settling into flow, the 150 km/h absolute threshold has been crossed. You were not trying to speed — you were trying to merge safely. The law treats both situations identically.
Multi-Lane Urban Roads
On a 60 km/h arterial road, you pull out to pass a slower vehicle in the right lane. You accelerate to 102 km/h during the lane change. That is 42 over — stunt driving. On a wide, divided, four-lane road that feels like a highway, 102 km/h does not feel dangerous. But the posted limit controls the threshold, not the road design.
The Due Diligence Defence: Where Passing Context Matters
Here is where things get more nuanced. While “I was just passing” is not a standalone defence, the circumstances of your pass can support a due diligence defence.
Because stunt driving is a strict liability offence (not an absolute liability offence), you are entitled to argue that you took all reasonable steps to avoid committing the offence. A due diligence defence might include:
- Safety of the pass: You were completing a legal pass on a two-lane road and needed to accelerate to avoid a head-on collision with oncoming traffic
- Duration of the speed: Your speed was above the threshold for only a few seconds during the overtaking manoeuvre, not sustained cruising
- Road conditions: The road was clear, dry, with excellent visibility, and no pedestrians or intersections nearby
- No prior indication of the speed: Your speedometer was not easily visible during the acceleration phase of the pass, or the speed increase happened faster than anticipated
This defence does not guarantee success, but it gives your legal representative material to work with during negotiations with the prosecutor and, if necessary, at trial. The “passing a car” context transforms from an excuse into a legal argument when it is framed properly.
What Actually Happens After You Are Charged
Regardless of why you were speeding, the immediate roadside consequences hit the same way:
- 30-day licence suspension — effective immediately at the roadside, before any court appearance
- 14-day vehicle impound — your car is towed and stored at your expense, typically costing $1,800 or more
These administrative penalties stand even if the charge is later withdrawn. You do not get a refund on the impound fees or the 30 days without your licence. That is the reality of a stunt driving charge in Ontario — you are penalized before you have been found guilty of anything.
If Convicted
- Fine: $2,000 to $10,000 (first offence) plus a 25% victim surcharge
- Licence suspension: Up to 2 years (first offence), up to 10 years (second offence within 10 years)
- Jail: Up to 6 months (rarely imposed on first speed-based offences)
- Demerit points: 6 points on your driving record
- Insurance: Rates increase 300% to 500%, with many drivers pushed to the Facility Association at $9,500+ per year for up to six years
The total financial impact of a conviction, including insurance increases, lost income, fines, and impound costs, ranges from $85,000 to $185,000 over six years. That is the gap between a conviction and a successful defence — and it is why fighting the charge is almost always the right financial decision.
Provincial Withdrawal Rates Tell the Real Story
The data shows that stunt driving charges are not automatic convictions. Here is how Ontario’s busiest courts handled s.172 charges between October 2024 and September 2025:
| Court Region | Charges Filed | Withdrawn | Withdrawal Rate |
|---|---|---|---|
| Waterloo | 656 | 573 | 87.3% |
| Barrie | 660 | 520 | 78.8% |
| Durham | 400 | 269 | 67.3% |
| Mississauga | 778 | 476 | 61.2% |
| Toronto | 718 | 373 | 51.9% |
| Brampton | 1,000 | 475 | 47.5% |
| Halton | 427 | 201 | 47.1% |
| York Region | 1,226 | 142 | 11.6% |
Source: Ontario Provincial Offences Act data, October 2024 to September 2025.
In Waterloo, 87.3% of charges were withdrawn. In Barrie, 78.8%. These are not flukes — they reflect what happens when charges are challenged with proper legal representation and the prosecution’s evidence is tested.
Real Results from Ontario Drivers
First time I talked to Jon I knew he’s gonna get me out of my problem. I was charged with stunt driving. I was speeding in 50 KM/h zone at 114 KM/h. However, Jon was able to reduce the charge to a simple speeding ticket. I would highly recommend NextLaw to anyone dealing with stunt driving charges.
Harmanjeet Singh Mahesh
Going 114 in a 50 zone — that is 64 km/h over the limit, well past the 40-over threshold. The reduction to a simple speeding ticket eliminated the mandatory licence suspension, the major insurance consequences, and the demerit point catastrophe.
Dan & John at NextLaw are phenomenal. I merged on the highway going too quickly in an exotic car. They handled everything professionally from start to finish and got my charges reduced significantly. Could not be more grateful for their expertise.
Charlie Romeo Bravo
Was going 177 in an 80 was facing stunt driving charges and Dan Joffe got it down to a regular 49 over ticket if I hadn’t picked Dan my consequences would’ve been 2000 dollar fine 1-3 year license suspension but Dan got my the suspension down from that to 30 days and 300 dollar fine
Shane Taylor
From 177 in an 80 zone — 97 km/h over the limit — to a $300 speeding ticket. That is the difference between a stunt driving conviction that costs upwards of $100,000 over six years and a manageable fine with no licence suspension.
How to Evaluate a Stunt Driving Legal Team
If you are going to fight a stunt driving charge, you need the right representation. Not every firm that handles traffic tickets has deep experience with s.172 matters. Here is how to tell the difference.
Check Their Google Reviews
A firm with 764 reviews at 4.9 stars has handled volume. But do not just look at the star count — read the actual review text. Are clients mentioning stunt driving specifically? Are they describing real outcomes like reductions to speeding tickets or full withdrawals? Reviews that describe the charge and the result tell you far more than generic “great service” comments.
Look at Their Website
Does the firm publish detailed content about stunt driving defence? Can you see the names and qualifications of the people who will represent you? A firm with dozens of in-depth articles about s.172, speed thresholds, and court strategies is putting its knowledge on public display. A firm with a stock photo and a phone number is not.
Verify Their Track Record
Ask directly: how many stunt driving cases in the last year, and what percentage were reduced or withdrawn? Firms that specialize will answer without hesitation because they track their numbers. Vague answers mean they do not handle enough volume to know.
Frequently Asked Questions
Can I argue that I was just passing a car to get my stunt driving charge dropped?
No. “I was just passing” is not a recognized defence to a stunt driving charge. The offence is based on your speed at the moment of detection, not your reason for going that fast. However, the circumstances of your pass — including its brevity, the safety considerations, and road conditions — can support a due diligence defence and influence negotiations with the prosecutor.
Why does the law not make an exception for passing?
Ontario’s stunt driving law is a strict liability offence. The prosecution only needs to prove the act (your speed) rather than intent. The legislature set the thresholds based on the danger that excessive speed creates, regardless of the driver’s reason. However, the strict liability classification also opens the door to the due diligence defence, which an absolute liability offence would not allow.
What is a due diligence defence for stunt driving?
A due diligence defence argues that you took all reasonable steps to avoid committing the offence. In a passing scenario, this might include evidence that you needed to accelerate to safely complete an overtaking manoeuvre, that the excess speed was brief and limited to the duration of the pass, and that road and traffic conditions required the action you took.
Is it worse to be charged while passing on a residential-speed road versus a highway?
The charge and penalties are identical. However, prosecutors sometimes view residential-speed zone charges (below 80 km/h) more seriously because of the perceived risk to pedestrians and other road users. Highway passing charges may receive slightly more sympathy from prosecutors who understand that speed increases naturally during overtaking manoeuvres on faster roads.
What happens immediately when I am charged with stunt driving while passing?
The same immediate consequences apply regardless of the circumstances: a 30-day roadside licence suspension and a 14-day vehicle impound. These administrative penalties happen before any court date and stand even if the charge is ultimately withdrawn or reduced.
Can stunt driving charges from passing situations be reduced?
Yes. Provincial data shows that 48.3% of all s.172 charges between October 2024 and September 2025 were withdrawn. Passing situations can sometimes produce stronger negotiation positions because the circumstances suggest a momentary speed increase rather than sustained reckless driving. A legal representative can use the context of the pass during disclosure review and negotiations.
Talk to NextLaw About Your Stunt Driving Charge
“I was just passing a car” is not a defence on its own. But the circumstances behind that pass — the road, the speed, the conditions — are absolutely relevant to how your case gets handled. The difference between a stunt driving conviction and a reduced speeding ticket is measured in tens of thousands of dollars, and it starts with getting the right advice.
Jonathan Cohen and the team at NextLaw have represented Ontario drivers through every version of this scenario — two-lane passes, highway merges, lane changes on urban roads. With 764 five-star Google reviews, the track record speaks for itself.
Book your free consultation with NextLaw today and let us review your case. No obligation, no pressure, and no cost for the initial call.
Phone: 1-833-639-8529
Online: https://stunt-call.nextlaw.ca
