Can I be arrested for Stunt Driving in Ontario?

You were just charged with Stunt Driving or Racing in Ontario, and you were arrested at the roadside, and later released.  You have a ton of questions and you are scared.  Let’s investigate.

How can I be arrested for a Stunt Driving traffic violation?

If the police stop you for Stunt Driving and provide reasons why they believe you are legally obligated to stay with them and comply with their requests, they can place you under arrest.  This is confusing to many people, because arrests are often associated with criminal activities, whereas Stunt Driving is an enhanced speeding charge under the Highway Traffic Act.

However, Stunt Driving is classified as something called a “Part 3” offence under the Highway Traffic Act.  A simple charge like speeding or failing to stop at a stop sign, are classified as something called a “Part 1” Offence.  Under a Part 3 offence, the officer has the right to arrest you throughout your Stunt charge.  Once the officer has written your Summons to appear in court, they will release you and hand you the summons.

Arresting you for Stunt Driving is at the discretion of the officer.  Not everyone is placed under arrest when they are being charged for Stunt Driving.

Is Stunt Driving a criminal charge in Ontario?

No, Stunt Driving is not a criminal offence or charge.  It falls under the Highway Traffic Act, Section 172(1) and not the criminal code of Canada. Though severe penalties exist, a conviction won’t lead to a criminal record.

What is the difference between Stunt Driving and a Criminal Offence?

Stunt driving in Ontario, while a serious traffic violation, is not classified as a criminal offence. To clarify the distinction between stunt driving and other offences, consider the following points:

1. Classification: Stunt driving is governed by the Ontario Highway Traffic Act, whereas dangerous and impaired driving are offences under the Criminal Code of Canada.
2. Consequences: Although not a criminal offence, stunt driving still carries severe penalties, such as fines, license suspension, and vehicle impoundment.
3. Legal implications: Being charged with a criminal offence, like dangerous or impaired driving, may result in a criminal record, whereas stunt driving charges do not carry this consequence.

Understanding the differences between stunt driving and criminal offences is crucial for comprehending the legal implications and potential consequences of various traffic violations in Ontario.

Will I lose my job for Stunt Driving charges?

Firstly, until you are convicted of anything, you are considered innocent, until proven otherwise.  This means that as your case progresses through the courts, your record is still clean, because you have been charged, not convicted.  But even if you are charged with Stunt Driving, it will only ever appear on your Driving record.  There is absolutely no criminal record associated with the Highway Traffic Act and Stunt Driving.  This means that if you are on a work visa, or applying for a new job, the charge itself will not prevent you from getting that job or will not cause you to lose the job.

However, if your job requires you to drive, then you risk losing your new job with a Stunt Driving conviction because you will automatically lose your license for 1-3 years.  So this can be very damaging to your ability to function and keep a job.

So what do i do now?

Bottom line?  A bad outcome for a Stunt Driving charge can be devastating for your ability to keep your job, take care of a family, or any other task that involves being behind the wheel of a car.  It is suggested that you at least get on the phone and get legal advice to make sure you that you give yourself the best chance of keeping your drivers license.