As someone who has defended thousands of stunt driving cases across Ontario, I’m frequently asked about the possibility of jail time. It’s one of the most serious concerns my clients have, and for good reason—stunt driving is one of the few Highway Traffic Act offences that can actually result in prison sentences.
However, let me start with an important clarification: while jail is a possibility, the actual likelihood of prison time for most stunt driving cases is relatively low. Additionally, stunt driving is what we call a “quasi-criminal” offence, which means it’s serious but does not result in a criminal record.
Understanding Quasi-Criminal Offences
Stunt driving falls into a special category called “quasi-criminal” offences. Let me explain what this means for your case:
Quasi-criminal offences are regulatory violations that carry significant penalties similar to criminal charges but are not Criminal Code offences. Key distinctions include:
- They do NOT result in a criminal record
- They are prosecuted in Provincial Offences Court, not criminal court
- They can still result in serious penalties including jail time
- They appear on your driving record, not a criminal record check
- They don’t require criminal background checks for employment to be disclosed
This quasi-criminal nature means that while stunt driving is serious enough to potentially result in jail time, it won’t give you a criminal record that follows you for life.
The Reality of Jail Time for Stunt Driving
While Section 172(1) of the Highway Traffic Act allows for up to six months of imprisonment, the reality is that jail sentences are relatively uncommon, especially for first-time offenders. Based on my extensive courtroom experience, the vast majority of stunt driving cases result in fines, license suspensions, and other penalties—not prison time.
To put this in perspective, let’s look at Ontario’s broader jail landscape:
| Offence Category | Percentage of Provincial Jail Admissions | Context |
|---|---|---|
| Criminal Code Offences | 96% | Assault, theft, breach of probation, etc. |
| Provincial/Municipal Offences | 4% | Includes ALL provincial offences, not just stunt driving |
*Source: Statistics Canada, Adult correctional services
This data shows that provincial offences—including stunt driving—represent only a tiny fraction of jail admissions in Ontario.
Factors That Increase (But Still Keep Low) Jail Risk
While prison time remains unlikely for most cases, certain factors can increase the risk:
1. Extreme Circumstances
Even with aggravating factors, jail remains the exception rather than the rule:
- First-time offenders at speeds just over 50 km/h: Virtually no jail risk
- Speeds exceeding 100 km/h over the limit: Jail becomes a consideration
- Racing or deliberately dangerous driving: Higher risk, but still not automatic
- Causing an accident with injuries: Most serious consideration for prison
2. Repeat Offences
Multiple stunt driving convictions significantly increase jail probability, though many repeat offenders still avoid prison through effective defence strategies.
3. The Quasi-Criminal Advantage
Because stunt driving is quasi-criminal rather than criminal, judges often view it differently than Criminal Code offences. This can work in defendants’ favor when arguing against jail time, as the court recognizes these are regulatory offences without criminal record implications.
Weekend Jail: The Compromise Option
When courts do impose prison sentences for stunt driving, intermittent sentences (weekends only) are often considered for terms of 90 days or less. This quasi-criminal compromise allows offenders to maintain employment while serving their sentence in jail on weekends only.
Ontario’s Prison System Context
Understanding Ontario’s jail system helps contextualize the low likelihood of prison for stunt driving:
| Year | Total Provincial Sentences | Jail Sentences | Non-Custodial Sentences |
|---|---|---|---|
| 2022/2023 | 146,342 | 37,156 (25%) | 109,186 (75%) |
*Source: Statistics Canada, Adult criminal courts
Even across all offence types, 75% of sentences don’t involve jail time. For quasi-criminal offences like stunt driving, this percentage is even higher.
Using Nextlaw’s Resources to Assess Your Specific Risk
While jail risk is generally low, every case is unique. To help clients understand their specific situation, I’ve developed Nextlaw’s exclusive Stunt Driving Penalty Test. This calculator considers the quasi-criminal nature of the offence and provides realistic assessments of potential penalties, including the actual likelihood of prison time.
For immediate assistance, our Stunt Driving 24/7 Helpline provides emergency consultation to help minimize all penalties, including the remote possibility of jail.
Real Client Outcomes
I don’t know where to start. The team at NextLaw is incredible. I was charged with stunt driving when going to the hospital 2 months ago and I was devastated knowing the severity of a stunt drive charge. Jon Cohen was extremely helpful and kept me updated throughout the entire process. He was able to get my stunt driving charge completely withdrawn. They sent me a letter of withdrawal directly from the courthouse confirming the charge was withdrawn. I am beyond grateful for NextLaw’s expertise and professionalism. – K.L.
The Quasi-Criminal Advantage in Court
One significant advantage of stunt driving being a quasi-criminal offence is how it’s perceived in court. Judges understand that:
- Defendants won’t receive a criminal record
- The offence doesn’t carry the same moral weight as Criminal Code violations
- Alternative penalties can achieve deterrence without jail
- First-time offenders deserve consideration given the non-criminal nature
This quasi-criminal status often works in defendants’ favor when we argue for alternatives to prison.
Provincial vs. Criminal Court: A Key Distinction
Stunt driving cases are heard in Provincial Offences Court, not criminal court. This distinction matters because:
| Aspect | Provincial Offences Court (Stunt Driving) | Criminal Court |
|---|---|---|
| Record Type | Driving record only | Criminal record |
| Standard of Proof | Beyond reasonable doubt | Beyond reasonable doubt |
| Typical Penalties | Fines, license suspension | Jail more common |
| Employment Impact | Limited to driving jobs | Affects all employment |
Strategic Considerations for Avoiding Jail
Given that prison is unlikely but possible, defense strategies focus on:
- Emphasizing the quasi-criminal nature of the offence
- Highlighting first-offender status when applicable
- Demonstrating proactive steps taken since the charge
- Negotiating for reduced charges that eliminate jail risk entirely
Conclusion: Realistic Assessment of Jail Risk
Let me be clear: while jail is legally possible for stunt driving, it remains unlikely for most defendants. As a quasi-criminal offence that doesn’t result in a criminal record, stunt driving occupies a unique position in Ontario’s legal framework. The vast majority of cases—especially first offences—result in fines, license suspensions, and increased insurance rates, not prison time.
However, the possibility of jail, however remote, makes proper legal representation crucial. Understanding the quasi-criminal nature of the charge, the actual statistics on prison admissions, and the factors that influence sentencing can help you make informed decisions about your defense.
For a personalized assessment of your case, including realistic jail risk evaluation, use our Stunt Driving Penalty Test or contact us through our 24/7 Helpline.
Remember: while stunt driving is serious, it’s not a criminal offence, jail is uncommon, and with proper representation, most clients avoid prison entirely.
*Disclaimer: All statistics cited in this article are derived from publicly available sources including Statistics Canada and government reports. While we strive for accuracy, there may be a margin of error in the data presented. Legal outcomes vary based on individual circumstances.
