Section 172 (1) Stunt Driving and the HTA: Know the Law!

If you’ve been charged with stunt driving under section 172(1) of Ontario’s Highway Traffic Act, you’re likely feeling confused, anxious, and overwhelmed. This serious traffic offence carries severe penalties that can significantly impact your life. However, it’s essential to stay calm and understand the details of the charge and your options.

Being charged with stunt driving can be a frightening and stressful experience. The potential consequences are severe, and the legal process can be complex. However, it’s important to remember that being charged is not the same as being convicted. You have legal rights and options, and defences may be available in your case. The most crucial step is to consult with an experienced traffic lawyer who can review the specifics of your case, explain your options, and help you navigate the legal process. While a stunt driving charge is severe, with the right approach and legal representation, mitigating the consequences or even having the charges reduced or dismissed may be possible. Remember to stay calm, gather information, and seek professional legal advice. With the right approach, you can face this challenge and work towards the best possible outcome for your situation.

This article will break down the critical information you need to know about stunt driving charges in Ontario.

What Constitutes Stunt Driving?

Stunt driving is defined broadly under Ontario law. While many people associate it solely with excessive speeding, the offence covers a range of dangerous driving behaviours. Section 172(1) of the Highway Traffic Act states, “No person shall drive a motor vehicle on a highway in a race or contest while performing a stunt or on a bet or wager.” The actions that qualify as stunt driving are further outlined in Ontario Regulation 455/07. Some of the most common grounds for stunt driving charges include:

Excessive Speeding:

• Driving 40 km/h or more over the speed limit where the limit is less than 80 km/h
• Driving 50 km/h or more over the speed limit where the limit is 80 km/h or higher
• Driving 150 km/h or more anywhere in the province

Racing or Aggressive Driving:

• Competing or racing with another vehicle
• Chasing another vehicle
• Repeatedly changing lanes near other vehicles

Dangerous Maneuvers:

• Intentionally causing a car to lose traction or spin
• Driving with a person in the trunk
• Driving while not in the driver’s seat
• Intentionally lifting some or all of a vehicle’s tires from the road

Interfering with Other Traffic:

• Intentionally preventing others from passing
• Purposely stopping or slowing to interfere with other traffic
• Driving unreasonably close to another vehicle, pedestrian, or fixed object

Understanding that you can be charged with stunt driving even if you weren’t intentionally performing stunts or racing is crucial. For example, momentarily exceeding the speed limit by 50 km/h on a highway can result in a stunt driving charge, even if you weren’t trying to show off or compete with other drivers.

Immediate Consequences of a Stunt Driving Charge

When you’re pulled over and charged with stunt driving, immediate penalties take effect:

• License Suspension: Your driver’s license will be immediately suspended for 30 days.
• Vehicle Impoundment: Your vehicle will be impounded for 14 days, regardless of whether you own it.
• Court Summons: You’ll receive a summons to appear in court. Unlike a speeding ticket, you cannot simply pay a fine to resolve a stunt driving charge.

These immediate consequences can be highly disruptive, affecting your ability to work, attend school, or fulfill family responsibilities. It’s important to start considering your legal options as soon as possible.

Potential Penalties Upon Conviction

If you’re convicted of stunt driving, the penalties are severe:

• A minimum fine of $2,000, with a maximum of $10,000.
• License Suspension: Upon conviction, your license will be suspended for a minimum of 1 year for a first offence. Subsequent convictions can result in longer suspensions.
• Demerit Points: 6 demerit points will be added to your driving record.
• Possible Jail Time: In some cases, you may face up to 6 months in jail.
• Mandatory Driver Improvement Course: You must complete a driver improvement course.

It’s important to note that these are the penalties for a first offence. Subsequent convictions carry even harsher penalties, including longer license suspensions and higher fines.

Long-Term Consequences

Beyond the immediate legal penalties, a stunt driving conviction can have long-lasting effects:

• Insurance Rates: Your car insurance rates will likely increase significantly, potentially by 300% or more. Some insurance companies may refuse to insure you altogether, forcing you to seek high-risk insurance.
• Employment: If driving is part of your job, a stunt driving conviction could jeopardize your employment. The conviction and license suspension could make commuting difficult even if you don’t drive for work.
• Travel: A stunt driving conviction could affect your ability to travel to certain countries, particularly if you need to rent a car abroad.
• Future Legal Matters: If you face any future driving-related charges, a previous stunt driving conviction could result in harsher penalties.

Your Legal Options

Suppose you’ve been charged with stunt driving. In that case, you have several options:

• Plead Guilty: This option is generally not recommended without first consulting a lawyer due to the severe penalties involved.
• Fight the Charge: You can challenge the stunt driving charge in court. There are several potential defences, depending on the specific circumstances of your case.
• Seek a Plea Bargain: In some cases, it may be possible to negotiate with the prosecutor to plead guilty to a lesser charge with less severe penalties.

Given the complexity of stunt driving cases and the potential consequences, it’s highly advisable to consult with a lawyer experienced in traffic law before making any decisions. This crucial step will give you the reassurance and support you need during this challenging time.

Potential Defenses

While every case is unique, some potential defences to a stunt driving charge include:

• Challenging the Evidence: The prosecution must prove beyond a reasonable doubt that you were engaged in stunt driving. If there are issues with how your speed was measured or how the officer observed your driving, this could form the basis of a defence.
• Necessity or Emergency: If you were speeding due to a genuine emergency, this could be used as a defence.
• Charter Rights Violations: If your rights under the Canadian Charter of Rights and Freedoms were violated during the traffic stop or arrest, evidence could be excluded.
• Technical Defenses: There may be technical legal arguments related to the law’s specific wording or how it was applied in your case.

Steps to Take After Being Charged

If you’ve been charged with stunt driving, here are some critical steps to take:

• Stay Calm: While the situation is serious, panicking won’t help. Try to remain composed and polite when interacting with law enforcement.
• Document Everything: Make detailed notes about the incident as soon as possible, including weather conditions, road conditions, and any conversations with the police officer.
• Don’t Discuss the Incident: Avoid discussing what happened with anyone other than your lawyer. Anything you say could potentially be used against you.
• Consult a Lawyer: Given the severe nature of stunt driving charges, it’s crucial to seek legal advice as soon as possible. Many traffic lawyers offer free initial consultations.
• Gather Information: Collect evidence relevant to your case, such as dashcam footage, witness contact information, or maintenance records for your vehicle’s speedometer.
• Consider Your Transportation Options: You must plan alternative transportation with your license suspended. This might involve public transit, carpooling, or relying on family and friends.
• Attend All Court Dates: Make sure you attend all scheduled court appearances or have your lawyer attend on your behalf if allowed.