What Actually Happens When You’re Pulled Over for Stunt Driving
When an officer suspects you of stunt driving, you won’t experience a traditional arrest. Instead, the officer will detain you briefly at roadside to issue what’s called a “Part III summons.” This summons is a notice of the charge and a direction to appear in court.
During this roadside detention, the officer will immediately suspend your driver’s licence for 30 days. You’ll receive a suspension notice, and you cannot legally drive for those 30 days. Your vehicle will be impounded for 14 days at your expense. These consequences are automatic under the Highway Traffic Act—they happen regardless of whether you’re ultimately convicted.
The officer may request your identification and information, and you should comply. While you’re being detained, it may feel like an arrest, but legally it is not. You’re not being taken into custody for booking or processing. You’re not being read your rights as a criminal suspect. The officer is exercising provincial powers to issue a summons and impose roadside administrative penalties.
Is Stunt Driving a Criminal Offence in Ontario?
No. This is the cornerstone of your defence strategy. Stunt driving under HTA section 172 is a provincial offence, not a criminal offence. It does not appear on a criminal record, will not show on a CRNBC (Canadian Record of Offences), and will not appear on a police vulnerable sector check.
This distinction matters enormously for employment, housing, insurance, and peace of mind. A stunt driving conviction will not prevent you from working with vulnerable populations, will not appear to background check services, and will not follow you on a criminal database.
However, it will appear on your driving record, accessible to insurance companies and potentially to US border officers. The impact on your insurance is substantial, and cross-border implications exist. But criminally, you’re clear.
The confusion arises because Ontario law also recognizes “dangerous driving” under the Criminal Code section 320.13. Dangerous driving is criminal. Police sometimes face a choice between charging stunt driving (provincial) or dangerous driving (criminal) depending on the circumstances of your driving. Understanding which charge applies to your situation is critical to your defence.
What Is the Difference Between Stunt Driving and Dangerous Driving?
Stunt driving (HTA s.172) includes racing, performing stunts, excessive speeding (40 km/h over the limit in a 50 km/h zone, or 50 km/h over in any other zone), and street racing. It is objective—the Crown only needs to prove the speed or behaviour occurred.
Dangerous driving (Criminal Code s.320.13) requires proof of wanton or reckless conduct that creates risk of death or injury. It’s more serious, but harder to prove. Police choose which to charge based on the circumstances.
Sometimes an officer will lay a dangerous driving charge when the facts don’t support it, or when a stunt driving charge would be more appropriate. This is where skilled legal representation makes a difference. Jonathan Cohen and the team at NextLaw regularly challenge the Crown’s choice of charge and negotiate reductions to lesser offences.
Can You Go to Jail for Stunt Driving in Ontario?
Under Bill 282 (which amended HTA penalties effective January 1, 2022), the maximum penalty for stunt driving includes:
- Fine: $2,000 to $10,000
- Licence suspension: up to 2 years
- Imprisonment: up to 6 months
The jail provision scares people, and understandably so. But here’s the reality: jail time for a first-time stunt driving offence is extremely rare. Judges reserve imprisonment for repeat offenders, for cases with aggravating factors (accident, injury, death), or where there’s a pattern of dangerous behaviour.
A first-time stunt driving conviction typically results in a fine and a licence suspension. Many people negotiate their charges down to speeding before trial, avoiding conviction altogether. The jail provision exists as a maximum penalty; it is not a typical outcome.
When Can You Actually Be Arrested for Stunt Driving?
A traditional arrest (with handcuffs and custody) can occur in limited circumstances:
1. If you refuse to identify yourself. Police have the power to arrest if you refuse to provide your identification and information at the roadside. This creates a separate offence.
2. If you are also impaired. If stunt driving is combined with impaired driving (Criminal Code offence), you will be arrested as a criminal suspect. You’ll be taken to the station, detained, possibly held overnight, and your vehicle will be seized.
3. If there’s a concurrent criminal charge. If your driving caused injury or death, police may charge dangerous driving causing bodily harm or death (Criminal Code s.320.14). These are criminal charges, and arrest follows.
4. If there’s a warrant. If you fail to appear in court or default on paying a fine, a warrant can be issued for your arrest.
In the vast majority of stunt driving cases, however, arrest does not occur. The Part III summons process handles it, and you remain at liberty pending your court date.
Will a Stunt Driving Conviction Appear on a Criminal Record?
No. Since stunt driving is a provincial Highway Traffic Act offence, not a Criminal Code offence, it will not appear on:
- A criminal record check (such as those run by employers)
- A CRNBC (Canadian Record of Offences)
- A police vulnerable sector check (for employment with vulnerable populations)
- Pardons Canada or similar criminal background databases
It will appear on your driving record through the Ministry of Transportation Ontario (MTO) and will be visible to insurance companies, border officers, and anyone with access to driving records. But criminally, your record remains clean.
This is a significant advantage over a criminal conviction. Many employers, landlords, and professional licensing bodies care only about criminal records. A stunt driving conviction, while serious for insurance and driving privileges, does not disqualify you from most employment and housing opportunities.
What About Cross-Border Travel to the United States?
A stunt driving conviction will not automatically bar you from entering the United States. Since it’s not a criminal conviction in Canada, it does not trigger the automatic rules that apply to criminal offences.
However, US border officers have discretion to deny entry based on your driving record, your character, and past conduct. A stunt driving conviction might raise questions at the border. Some people with stunt driving convictions cross freely; others have faced refusal of entry. The outcome depends on the specific border officer, your history, and how the charge is explained.
If you cross the border frequently or are planning a significant trip, consult with a cross-border legal specialist about your specific situation.
What Will Stunt Driving Cost You in Insurance?
A stunt driving conviction carries a staggering insurance penalty. Most drivers see their insurance rates increase by 300% to 500%. For someone paying $1,500 annually, that becomes $6,000-$9,000 per year—or more.
Realistic figures for post-conviction insurance:
- Annual premium: $8,000-$15,000+
- Total cost over 3 years: $25,000-$75,000+
- Some insurers will deny coverage altogether
This is why fighting the charge before conviction is so important. Even a reduction to speeding significantly mitigates the insurance impact. A withdrawal makes the problem disappear entirely.
Ontario Court Locations for Stunt Driving Hearings
Your case will be heard in Ontario Provincial Court in the jurisdiction where the ticket was issued. Major locations include:
- Ottawa: 100 Constellation Crescent
- Hamilton: 50 Main Street East
- Durham (Oshawa): 605 Rossland Road East
- London: 824 Dundas Street
- Barrie: 75 Mulcaster Street
- Niagara (St. Catharines): 59 Church Street
- Sudbury: 155 Elm Street
- Thunder Bay: 125 Brodie Street North
Your legal representative will appear in that courtroom to represent your interests, cross-examine the officer, and negotiate with the Crown.
Stunt Driving Statistics Across Ontario
| Jurisdiction | Charges (Oct 2024-Sep 2025) | Withdrawn Before Trial | Withdrawal Rate |
|---|---|---|---|
| Ontario (Provincial Total) | 11,284 | 4,422 | 39.2% |
| Ottawa | 496 | 22 | 4.4% |
| Hamilton | 317 | 134 | 42.3% |
| Durham | 400 | 269 | 67.3% |
| London | 670 | 43 | 6.4% |
| Barrie | 660 | 520 | 78.8% |
| Niagara | 123 | 76 | 61.8% |
These statistics show that stunt driving charges are regularly withdrawn. In Barrie, nearly 79% of charges are withdrawn before trial. Even across the province, 48.3% of all stunt driving charges are withdrawn. This reflects how defensible these charges often are.
What NextLaw Can Do for Your Stunt Driving Case
If you’ve been charged with stunt driving, you have options. The Crown’s case is not automatically strong. Officers make mistakes. Radar and LIDAR devices require calibration. Speed measurements can be challenged. Driving patterns that look like “stunts” have innocent explanations.
NextLaw’s approach to stunt driving defence includes:
- Investigation. We obtain police disclosure, review officer notes, and examine the exact circumstances of your stop and citation.
- Charter arguments. We look for Charter breaches in how you were stopped, detained, or searched. Unlawful detention or procedure can result in charge dismissal.
- Crown negotiation. We speak with the prosecutor early and often, presenting evidence and argument for withdrawal or reduction to a lesser charge.
- Trial preparation. If your case proceeds to trial, we cross-examine the officer, challenge the evidence, and present a defence.
- Sentencing mitigation. If conviction occurs, we present factors that reduce penalties and preserve your licencing and insurance.
Jonathan Cohen, Legal Representative at NextLaw, has successfully defended hundreds of stunt driving cases across Ontario. Many result in withdrawal or reduction before trial. Some go to trial and are acquitted. The outcome depends on your facts, the officer’s evidence, and the strength of the Crown’s case.
What Our Clients Say
“Jon and Dan are unbelievable. Right from the start they were open and honest about the possibilities, and they got to work straight away. They kept me posted throughout the process, and I just received a call with great news regarding my case less than 6 months after I was pulled over. I was looking at stunt, suspension, and even possible jail time. NextLaw was able to prevent all of that from happening, and I am receiving a speeding ticket instead.”
“NextLaw is one of the best places to go for any sort of driving charge. I got charged with going double over the speed limit (160 on an 80) / stunt driving which could have resulted in prison and loss of license for up to 3 years. With Jon NextLaw on my side he got it dropped down to a speeding ticket with only a $300 fine. No prison and I’m still able to drive. Great outcome overall.”
“These guys are miracle workers. I was speeding almost double the speed limit (156/80), and facing thousands in fines and possibly a one year license suspension / jail. They managed to get it down to just a speeding fine.”
“My husband was trying to get my medicine and help me as I was fresh out of the hospital and he was panicked and was speeding—107 km/h in a 40 km/h area (he was not familiar with the area) and he was caught and charged with stunt driving and was facing loss of license, $10,000 fine, and even the possibility of jail time.”
“I can’t thank NEXT LAW enough for their outstanding work on my case. I was charged with stunt driving—a serious offence that could have cost me my license, huge fines, and sky-high insurance rates.”
“A few months ago I was charged with stunt driving and had no idea how to proceed, dealing with the heavy penalties that comes along with receiving that conviction. I was incredibly stressed out and worried about facing a 2-10k fine, year or more of license suspension and increased insurance premiums.”
Frequently Asked Questions
What is the difference between a stunt driving arrest and charge in Ontario?
You will not be traditionally arrested for stunt driving under HTA s.172. Instead, police issue a Part III summons and impose immediate roadside consequences: 30-day licence suspension and 14-day vehicle impound. Arrest only occurs in exceptional circumstances like impaired driving or criminal dangerous driving charges.
Is stunt driving a criminal offence in Ontario?
No. Stunt driving under HTA s.172 is a provincial offence, not a criminal offence. It will not appear on your criminal record, CRNBC, or vulnerable sector check. Dangerous driving (Criminal Code s.320.13) is criminal; stunt driving is not, though police may charge either depending on circumstances.
Can you go to jail for stunt driving in Ontario?
Under Bill 282, jail time up to 6 months is possible on conviction for stunt driving. However, jail is extremely rare for first-time offenders. Most first convictions result in fines ($2,000-$10,000) and licence suspension (up to 2 years), but imprisonment is uncommon unless there are aggravating factors or repeat offences.
Will stunt driving show on a criminal record check?
No. Since stunt driving is a provincial offence under the Highway Traffic Act, not the Criminal Code, it will not appear on a criminal record check, CRNBC, or police vulnerable sector check. However, it will appear on your driving record and may impact insurance and cross-border travel.
What happens immediately when you’re pulled over for stunt driving?
Police will issue a Part III summons, suspend your licence for 30 days on the spot, and impound your vehicle for 14 days. You may be detained briefly at roadside for this process, but this is not a traditional arrest with handcuffs, booking, or mugshot.
What is the difference between stunt driving and dangerous driving?
Stunt driving (HTA s.172) is provincial; dangerous driving (Criminal Code s.320.13) is criminal. Stunt driving includes racing, stunts, and excessive speeding. Dangerous driving requires proof of wanton or reckless conduct causing risk. Police choose which to charge based on circumstances. A dangerous driving conviction IS criminal.
How much will stunt driving increase my insurance?
A stunt driving conviction typically increases insurance by 300-500%, costing $8,000-$15,000+ annually. Over a 3-year period, total exposure can reach $25,000-$75,000+ depending on your current rate and insurer. Some insurers may deny coverage entirely.
Will a stunt driving conviction affect my ability to cross the US border?
While not a criminal offence in Canada, US border officers have discretion to deny entry based on your driving record. A stunt driving conviction is not automatic grounds for denial, but it may raise questions and result in refusal of entry. It’s best to consult a cross-border specialist if you have concerns.
Get a Free Consultation Today
A stunt driving charge is serious, but it is also defensible. The statistics show that nearly half of all stunt driving charges are withdrawn or reduced before conviction. Your case might be one of them.
Jonathan Cohen and the team at NextLaw have defended hundreds of stunt driving cases across Ontario. We understand the law, we understand the courts, and we understand what you’re facing. We also understand that you want clarity, honesty, and a realistic path forward.
Contact NextLaw today for a free consultation. We’ll review your specific facts, explain your options, and discuss how we can help. You don’t have to face this alone.
Visit nextlaw.ca or call today. Your first consultation is free.
Phone: 1-833-639-8529
Online: https://stunt-call.nextlaw.ca
