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Can I be arrested for Stunt Driving in Ontario?

Can I be arrested for Stunt Driving in Ontario?

Being arrested for Stunt Driving in Ontario can be a confusing and frightening experience. While Stunt Driving isn’t a criminal offence, it’s a serious Part 3 violation under the Highway Traffic Act. This means that while it may not result in a criminal record, it can still have significant legal and financial consequences, and can result in arrest powers for police officers. Let’s examine arrests, charges, and consequences for Stunt Driving in Ontario.

Police Arrest Powers

Legal Authority

  • Officers can arrest for Stunt Driving under Part 3 provisions
  • Arrest is at the officer’s discretion
  • Release typically occurs after summons issuance
  • Compliance with officer requests is mandatory

Recent Client Experience

Last week, a client contacted our office after being arrested for Stunt Driving on Highway 400. They were driving at a speed of 157 km/h in a 100 km/h zone, considered Stunt Driving in Ontario. “I was completely shocked when the officer told me I was under arrest,” they explained. I thought arrests were only for criminal charges.” This common misconception highlights the unique nature of Stunt Driving enforcement in Ontario.

Is Stunt Driving an arrestable offence in Ontario

Legal Classification

Not a Criminal Offense

  • Falls under Highway Traffic Act Section 172(1)
  • No criminal record upon conviction
  • Classified as a Part 3 provincial offence
  • Serious administrative penalties apply

Employment Impact

Arrest Process – What to Expect

  • The officer must provide reasons for the arrest
  • Temporary detention during documentation
  • Release with a court summons
  • No criminal booking process

Long-Term Consequences

Post-Conviction Penalties

  • 1-3 year license suspension
  • Fines between $2,000-$10,000
  • Mandatory driver improvement course
  • Insurance rate increases

Remember that while being arrested for Stunt Driving is serious, it’s distinct from criminal charges. Professional legal guidance can provide you with a sense of control over your situation, protect your driving privileges, and minimize the impact on your employment and daily life.

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

If stopped by police for Stunt Driving, they can arrest you if they believe you are legally obligated to comply with their requests. Stunt Driving is classified as a Part 3 offence under the Highway Traffic Act and the officer has the right to arrest you during a Stunt Driving charge.

Is Stunt Driving a criminal charge?

No, Stunt Driving is not a criminal charge. It is classified as a quasi-criminal charge under the Provincial Highway Traffic Act and, if convicted, can result in prison time, but only appears on your driving record, not your criminal record.

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About Jon Cohen, Partner

Jonathan practices exclusively in defending Stunt Driving charges in Ontario.  He is the co-founding partner of Nextlaw and is licensed by the Law Society of Ontario.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.