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Section 172(1) of the Highway Traffic Act of Ontario - Stunt Driving - Know the Law

Ontario Stunt Driving Section 172 — Charges & Penalties

If you’ve been charged under Ontario stunt driving section 172, you’re probably staring at a piece of paper that feels like a life sentence. The penalties are severe. The language is intimidating. And right now, you’re wondering what this charge actually means for your future. You’re not alone — and you have more options than you think.

Section 172 of the Ontario Highway Traffic Act is the law behind every stunt driving charge in the province. In the past year alone, Ontario issued 11,284 stunt driving charges under section 172. But here’s the number that matters most: 39.2% of those charges were withdrawn before trial. Nearly 4 in 10 people who faced the same charge you’re facing right now walked away without a conviction.

At NextLaw, Jonathan Cohen and our team have handled thousands of section 172 charges across Ontario. We know this law inside and out — every threshold, every defence, every negotiation strategy. Understanding what section 172 actually says, what it means for you, and how to fight it is the first step toward protecting your licence and your future.

What Is Section 172 of the Highway Traffic Act?

Section 172 of Ontario’s Highway Traffic Act is the law that makes stunt driving and street racing illegal on public roads. It defines specific driving behaviours as “stunts” and attaches the harshest penalties of any provincial traffic offence in Canada.

The law was originally introduced to combat street racing, but over the years it has expanded to cover a wide range of dangerous driving behaviours. Today, section 172 captures everything from excessive speeding to doing donuts in a parking lot.

What Counts as Stunt Driving Under Section 172?

Section 172 covers more than just speed. Here are the specific behaviours that trigger a stunt driving charge:

  • Excessive speeding: Driving 40 km/h or more over the limit on roads posted under 80 km/h, or 50 km/h or more over on roads posted at 80 km/h and above
  • Racing: Competing with another vehicle for speed on a public road
  • Drifting or spinning: Intentionally causing your tires to lose traction
  • Wheelies or stunts: Lifting any wheel off the road surface intentionally
  • Driving without due care: Intentionally preventing other vehicles from passing or cutting off other drivers
  • Driving too close: Following another vehicle more closely than is reasonable at that speed
  • Lane changes without space: Changing lanes where there isn’t enough space to do so safely

The Speed Thresholds Explained

The most common trigger for a section 172 charge is excessive speed. Here’s exactly how the thresholds work:

  • In a 50 km/h zone: Driving 90 km/h or faster triggers stunt driving (40+ over)
  • In a 60 km/h zone: Driving 100 km/h or faster triggers stunt driving (40+ over)
  • In an 80 km/h zone: Driving 130 km/h or faster triggers stunt driving (50+ over)
  • In a 100 km/h zone: Driving 150 km/h or faster triggers stunt driving (50+ over)
  • In a 110 km/h zone: Driving 150 km/h or faster triggers stunt driving (The 150 or more rule)

These thresholds are absolute. If your speed exceeds them, the charge applies automatically regardless of road conditions, time of day, or whether any other vehicles were present.

What Are the Penalties for a Section 172 Conviction in Ontario?

The penalties for a section 172 stunt driving conviction are among the most severe in Ontario traffic law. They hit you immediately at the roadside and again in court if convicted.

Immediate Roadside Penalties

The moment an officer charges you under section 172, two things happen automatically:

  • 30-day licence suspension: Your licence is suspended on the spot for 30 days. You cannot drive at all during this period.
  • 14-day vehicle impound: Your vehicle is towed and impounded for 14 days. You pay all towing and storage fees, which typically total $1,000 to $2,000.

These roadside penalties apply immediately, before your case goes to court. Even if your charge is later withdrawn, you’ve already served the suspension and paid the impound costs.

Court Penalties for a First Conviction

If convicted in court on a first offence under section 172, you face:

  • Fine: $2,000 to $10,000
  • Licence suspension: Minimum 1 year, up to 3 years
  • Demerit points: 6 points added to your driving record
  • Jail: Up to 6 months (rarely imposed on first offence, but available to the court)
  • Victim surcharge: 25% of your fine

Penalties for Repeat Offences

Second and subsequent section 172 convictions carry escalated penalties:

  • Second offence fine: $2,000 to $10,000
  • Second offence suspension: Minimum 3 years, up to 10 years
  • Third offence suspension: Lifetime suspension
  • Jail: Up to 6 months for any repeat offence

The Hidden Costs

Beyond the court penalties, a section 172 conviction costs you in ways that don’t appear on the ticket:

  • Insurance increases: 50% to 200%+ premium increases lasting 5-7 years
  • Licence reinstatement fees: $150-$250 after your suspension ends
  • Lost income: From the licence suspension period when you can’t drive to work
  • Employment impact: Certain jobs require a clean driving abstract

When you add everything up — fines, impound costs, insurance increases, and lost income — a single section 172 conviction can cost $25,000 to $50,000 over 3 to 5 years.

Is Section 172 Stunt Driving a Criminal Offence in Ontario?

No. Section 172 is part of the Ontario Highway Traffic Act, which is provincial legislation — not federal criminal law. A conviction under section 172 is a provincial offence. It will not appear on a criminal background check (a CPIC search), and it does not create a criminal record.

This is an important distinction. While the penalties are extremely harsh, a section 172 conviction won’t prevent you from travelling internationally, passing a criminal background check for employment, or applying for security clearances that screen for criminal records.

However, section 172 is one of the most severely penalized provincial offences in Canada. The penalties — including potential jail time — rival those of some criminal offences. And your driving abstract (which is separate from your criminal record) will clearly show the conviction, which affects insurance, employment requiring driving, and your standing with the Ministry of Transportation.

When Could Stunt Driving Lead to Criminal Charges?

In some circumstances, behaviour that triggers section 172 can also result in criminal charges under the Criminal Code of Canada:

  • Dangerous driving (Criminal Code s.320.13): If your driving posed a real risk to public safety
  • Dangerous driving causing bodily harm or death: If someone was injured or killed
  • Criminal negligence: In the most extreme cases involving reckless disregard for human life

These criminal charges are separate from and in addition to the section 172 provincial charge. They carry much more severe penalties, including lengthy jail sentences and a criminal record.

How Do You Fight a Section 172 Charge in Ontario?

Fighting a section 172 charge is not only possible — the data shows it’s highly effective. Provincial statistics demonstrate that the majority of stunt driving charges are either withdrawn or resolved with reduced charges when properly challenged.

Common Defences Against Section 172 Charges

Speed measurement challenges: If the officer used radar or LIDAR equipment, the device must have been properly calibrated and operated according to manufacturer specifications. Equipment errors, improper calibration, or operator mistakes can render speed evidence inadmissible.

Threshold disputes: The Crown must prove you were driving at the exact speed threshold required under section 172. If there’s any question about the accuracy of the speed reading — even a few km/h — the charge may not hold.

Charter rights violations: If the officer breached your rights during the stop — unlawful detention, improper search, failure to inform you of your rights — evidence may be excluded from court.

Procedural errors: Officers must follow strict procedures when laying charges. Missing information on the ticket, incorrect dates, or failure to follow proper protocol can undermine the prosecution’s case.

Evidence insufficiency: The Crown must prove every element of the offence beyond a reasonable doubt. If the evidence package has gaps — missing officer notes, absent calibration certificates, or contradictory testimony — the case weakens significantly.

The Numbers: How Often Are Section 172 Charges Dropped?

The provincial data tells a clear story:

  • 39.2% of section 172 charges are withdrawn before trial
  • 9.1% of charges are withdrawn at trial
  • Combined: nearly half of all stunt driving charges are ultimately withdrawn

These aren’t hypothetical numbers. Out of 11,284 charges received in the most recent reporting period, 4,422 were withdrawn before trial and another 1,029 were withdrawn at trial. The evidence doesn’t hold up in thousands of cases every year.

“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. Jonathan was professional, confident, and always kept me updated throughout the process. They fought hard for me and got all my charges dropped.”

— Sahil Khan

All charges dropped — no conviction, no fine, no suspension, no demerit points. That’s what a successful defence against section 172 looks like.

What Happens at Court for a Section 172 Charge?

If you’ve been charged under section 172, your case will follow a specific path through the Ontario Provincial Offences Court system. Understanding each step helps you prepare and reduces the stress of the unknown.

First Appearance

Your first appearance is typically scheduled 4 to 8 weeks after your charge. This is a procedural hearing where you (or your legal representative) appear before the court. Most cases are not resolved at the first appearance. Your representative will request disclosure — the full evidence package the Crown intends to use — and the case will be adjourned.

Disclosure Review

Once disclosure is received, your legal representative reviews everything: the officer’s notes, speed detection records, calibration certificates, and any other evidence. This is where weaknesses in the Crown’s case are identified.

Negotiation

Armed with a thorough review of the evidence, your representative negotiates with the Crown attorney. The goal is either a full withdrawal of the charge or a reduction to a lesser offence. Many section 172 cases are resolved at this stage without ever going to trial.

Trial (If Necessary)

If negotiation doesn’t produce an acceptable outcome, the case proceeds to trial. At trial, the Crown must prove the charge beyond a reasonable doubt. Your representative can cross-examine the officer, challenge evidence, and present your defence. Even at the trial stage, 9.1% of charges are withdrawn when the Crown’s evidence doesn’t hold up.

“Jon is responsive, professional and he knows the system. Look no further I guarantee from my personal experience he’s the best there is in all in Ontario. Cost is reasonable vs even ex cop turn ticket fighter. What’s more you can even pay his retainer in instalments. He knows the prosecutor and is reassuring when I’m all titters with the stunt driving charge. Do yourself a favor appoint him!”

— Heureux Hom

Knowing the system, knowing the prosecutors, and understanding exactly how to navigate section 172 proceedings — that’s the advantage professional representation gives you.

What Our Clients Say About Fighting Section 172 Charges

Every section 172 case is different, but the results speak for themselves. Here’s what Ontario drivers have experienced after hiring NextLaw:

“Great work to save me from a stunt ticket, I was going 158 in 100 and Nextlaw used all the resources to save me from that and evetually ended up with normal speeding ticket. Work was very impressive. Thank You Jon.”

— Harry Patel

Harry was clocked at 158 km/h in a 100 zone — 58 over the limit, well past the section 172 threshold. His charge was reduced to a normal speeding ticket, saving him from a conviction that would have cost thousands in fines, suspension, and insurance increases.

“Thank you so much to Jonathan and the entire Next Law team. I was charged with stunt driving for doing donuts in a parking lot, and they completely waived my stunt charge. The whole process was handled smoothly, professionally, and with zero stress on my end. This is the team you want backing you. Highly recommend.”

— Sabal Basnet

Section 172 doesn’t just cover excessive speed — Sabal was charged for doing donuts. Even non-speed-related stunt driving charges can be successfully challenged and withdrawn.

“I had a stunt driving charge for doing 143 in an 80 zone 63 over the limit and I was honestly stressed out. That kind of charge comes with a possible 1-3 year license suspension and a huge fine (anywhere from $2,000 to $10,000). Thankfully, this law firm was amazing. They helped get the charge reduced to just a regular speeding ticket at 49 over, which saved me from all the serious penalties. No license suspension, no insane fine just a manageable ticket.”

— Rohit Rohit

From 63 km/h over the limit — a clear section 172 charge — down to a regular speeding ticket at 49 over. That reduction means the difference between a licence suspension and keeping your ability to drive.

“Words can not express how satisfied and grateful I am to the NextLaw team, especially Jon Cohen. My son was charged with “stunt driving” and when I contacted Jon he was very professional and savvy, explained in detail what the worst and best case scenarios he could achieve and surprisingly to me he not only expedited the case earlier than originally expected but was also able to lower the charges below his initial best case scenario of which I was already very happy with. He was able to achieve a result that exceeded all expectations. Highly recommended!”

— John Almeida

Results that exceeded expectations — that’s what thorough legal knowledge of section 172 and its defences can deliver for your family.

“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.”

— Charlie Peeler

From potential jail time and suspension down to a speeding ticket — all within 6 months. That’s efficient, effective section 172 defence.

Ontario Courts That Handle Section 172 Charges

Your section 172 case will be heard at the Provincial Offences Court in the jurisdiction where you were charged. NextLaw represents clients across Ontario. Here are some of the courts where we regularly handle stunt driving cases:

Greater Toronto Area

  • Toronto (Etobicoke) — 2201 Finch Ave W, Toronto
  • Toronto (North York) — 1000 Finch Ave W, Toronto
  • Toronto (Downtown) — 10 Armoury St, Toronto
  • Brampton — 7765 Hurontario St, Brampton
  • Mississauga — 950 Burnhamthorpe Rd W, Mississauga
  • Newmarket (York Region) — 50 Eagle St W, Newmarket
  • Oshawa (Durham Region) — 605 Rossland Rd E, Whitby

Central Ontario

  • Barrie — 70 Simcoe St, Barrie
  • Guelph — 36 Wyndham St S, Guelph
  • Kitchener (Waterloo Region) — 85 Frederick St, Kitchener
  • Hamilton — 36 Hess St S, Hamilton
  • Peterborough — 440 Kent St W, Peterborough

Eastern and Northern Ontario

  • Ottawa — 161 Elgin St, Ottawa
  • Kingston — 5 Court St, Kingston
  • Greater Sudbury — Tom Davies Square, 200 Brady St, Sudbury
  • Thunder Bay — 125 Brodie St N, Thunder Bay

Southwestern Ontario

  • London — 824 Dundas St, London
  • Windsor — 200 Chatham St E, Windsor
  • Niagara Region — 59 Church St, St. Catharines

No matter which Ontario court your section 172 case is assigned to, NextLaw has experience with the specific judges, Crown attorneys, and procedures in your jurisdiction. Contact us to discuss your case.

Ontario Section 172 Statistics: What the Numbers Show

The provincial data on section 172 charges paints a clear picture of enforcement patterns and outcomes across Ontario.

Provincial Statistics (October 2024 – September 2025)

OutcomeNumber of ChargesPercentage
Total charges received11,284100%
Withdrawn before trial4,42239.2%
Guilty plea before trial3052.7%
Total disposed before trial4,76042.2%
Withdrawn at trial1,0299.1%
Guilty plea at trial1191.1%
Total charges disposed7,31364.8%
Charges pending7,12063.1%

Key Regional Data

Section 172 enforcement and withdrawal rates vary significantly across Ontario:

RegionCharges ReceivedWithdrawn Before TrialWithdrawal Rate
York Region1,22614211.6%
Brampton1,00047547.5%
Mississauga77847661.2%
Toronto71837351.9%
London670436.4%
Barrie66052078.8%
Waterloo Region65657387.3%
Ottawa496224.4%

Some regions show dramatically different patterns. In Waterloo Region, 87.3% of section 172 charges are withdrawn before trial. In Barrie, the rate is 78.8%. Understanding these regional patterns is a key advantage of working with a firm that handles section 172 cases across the province.

Frequently Asked Questions About Section 172 Stunt Driving in Ontario

What is section 172 of the Highway Traffic Act in Ontario?

Section 172 is the Ontario law that defines and penalizes stunt driving and racing on public roads. It covers excessive speeding (40 km/h or more over the limit on roads under 80 km/h, or 50 km/h or more over on roads at 80 km/h and above), racing, and dangerous driving behaviours like drifting, doing wheelies, or intentionally blocking traffic.

What speed triggers a section 172 stunt driving charge in Ontario?

The thresholds depend on the posted speed limit. On roads posted under 80 km/h, driving 40 km/h or more over the limit triggers a charge. On roads posted at 80 km/h or above, the threshold is 50 km/h or more over the limit. For example, 90 km/h in a 50 zone or 150 km/h in a 100 zone.

What are the penalties for a section 172 conviction in Ontario?

A first conviction carries a fine of $2,000 to $10,000, a licence suspension of at least 1 year, 6 demerit points, up to 6 months in jail, and a 14-day vehicle impound. Roadside penalties — a 30-day suspension and 14-day impound — apply immediately at the time of the charge, before your case reaches court.

Is stunt driving under section 172 a criminal offence in Ontario?

No. Section 172 is part of the Ontario Highway Traffic Act, which is provincial legislation. A conviction is a provincial offence, not a criminal offence. It won’t appear on a criminal background check. However, it carries some of the harshest penalties of any provincial traffic offence in Canada.

Can a section 172 stunt driving charge be dropped in Ontario?

Yes. Provincial data shows that 39.2% of section 172 charges are withdrawn before trial. An additional 9.1% are withdrawn at trial. This means nearly half of all stunt driving charges in Ontario are ultimately dropped when properly challenged through legal representation.

What is the difference between stunt driving and careless driving in Ontario?

Stunt driving under section 172 targets excessive speeding and deliberate dangerous behaviours with defined speed thresholds. Careless driving under section 130 covers driving without due care and attention and has more flexible criteria. Section 172 carries significantly harsher penalties. Many stunt driving charges are negotiated down to careless driving to avoid the worst consequences.

Do I need a lawyer for a section 172 charge in Ontario?

Given the severity of section 172 penalties — including fines up to $10,000, licence suspension, possible jail time, and 6 demerit points — legal representation is strongly recommended. Professional representation significantly improves outcomes. Many clients see charges withdrawn entirely or reduced to lesser offences that protect their driving record and insurance rates.

What happens at your first court appearance for stunt driving in Ontario?

At your first appearance, you or your legal representative will appear before the court. Most cases are not resolved at this stage. Your representative will typically request disclosure (the Crown’s full evidence package) and the case will be adjourned to a future date for negotiation or trial. You often don’t need to attend personally if you have legal representation.

Get Your Free Consultation About Your Section 172 Charge

If you’ve been charged under section 172 of the Highway Traffic Act, the penalties you’re facing are serious — but the data proves they’re not inevitable. Nearly half of all section 172 charges in Ontario are withdrawn when properly challenged. Your case deserves that same chance.

Jonathan Cohen and the NextLaw team have helped thousands of Ontario drivers fight section 172 charges. We’ve achieved complete withdrawals, reductions to minor speeding tickets, and outcomes that save our clients their licences, their insurance rates, and their peace of mind.

Every case starts with a free consultation where we review your charge, explain your options, and give you an honest assessment of what we can do for you. There’s no obligation and no pressure — just clear advice from a legal team that handles section 172 cases every single day.

Book your free consultation with NextLaw today and let us fight your section 172 charge.

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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.