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Stunt Driving – Why couldn’t the officer just reduce my speed?

Many times, when I am on a call with a client, they are upset that the officer didn’t slightly lower the speed on the ticket, to avoid the harsh penalties of a stunt charge. A common phrase is “I don’t understand why the officer didn’t just reduce my speed?”. There is a simple reason for this. Let’s investigate.

The basis of a Stunt Driving charge in Ontario

Under the Highway Traffic Act of Ontario, there is a very clear distinction between a regular speeding ticket and a Stunt Driving charge. They are generally both related to speed, but they are looked upon very differently by the law. Speeding charges from 1km – 49km over the speed limit fall under something called a “Part 1” offence unders section 128 of the Act. Stunt Driving falls under a completely different section of the Act – Section 172 – and is called a “Part 3” offence.

Regular Speeding tickets under Section 128 – Part 1 offences

These tickets are easy to handle. Even in a worst-case scenario, they involve a set fine and demerit points. Nothing more. In fact, you can simply check off that you want to pay or fight the ticket on the back of the actual ticket, and proceed from there. Easy right? These charges are easily handled by yourself or by hiring a Paralegal firm (depending on your preference). Mostly here, you are simply fighting the charge to hurting your driving record with demerits.

Stunt Driving – Section 172 – a “Part 3” offence

This type of a charge is a whole different ball-game. This is no longer a “ticket”. It may look like a ticket, but it is actually a “summons” that simply compels you to appear in court to address your charge. There is no option on the back of the ticket to pay a fine or go to trial. In fact, there is no “set” penalty for a Stunt charge. There a penalty “range”, meaning that you can get 1-3 years suspension, $2000 – $10,000 in fines, 0 – 6 months jail time and more. These penalties will be screened by the prosecutor, and you will have to defend your charge and these hefty penalties.

So why couldn’t the office just help me out and reduce my speed?

Stunt driving is a whole new area of the law, where your speed is now considered a major public safety threat, and officers take this very seriously. Stunt speeds could and have killed people. So this charge is taken much more seriously, and officers will generally not reduce your speed to avoid this charge. The law allows them to tow your car and suspend your license, and then deal with this charge at a future date in court.

Why did the officer not reduce my speed to avoid a Stunt Driving charge?

Under Ontario law, there is a clear distinction between a regular speeding ticket and a Stunt Driving charge. Speeding tickets are considered 'Part 1' offences under Section 128 of the Highway Traffic Act, while Stunt Driving is considered a 'Part 3' offence under Section 172. Unlike regular speeding tickets, there is no option to pay a fine or go to trial on the back of a Stunt Driving ticket. The penalties for a Stunt Driving charge are much more severe and can include suspension, fines, jail time, and more. As stunt driving is considered a major public safety threat, officers take it very seriously and will not reduce the speed to avoid this charge.

What is the difference between a regular speeding ticket and a Stunt Driving charge?

A regular speeding ticket is a 'Part 1' offence under Section 128 of the Highway Traffic Act, and can easily be handled by paying a fine or fighting the ticket. A Stunt Driving charge is a 'Part 3' offence under Section 172 and is taken much more seriously by the law. The penalty for a Stunt Driving charge can include suspension, fines, jail time, and more, and there is no option to pay a fine or go to trial on the back of the ticket. Stunt Driving is considered a major public safety threat and is taken seriously by officers.

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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.