By Jon Cohen, Partner at NextLaw — Ontario’s stunt driving defence firm
Here’s the short answer the search results keep getting wrong: a stunt driving charge in Ontario is always handled in court — but you, personally, usually are not. A stunt driving charge under section 172 of the Highway Traffic Act arrives as a Part 3 summons with a court date on it, and your representative attends the early court dates for you: the first appearance, receiving and reviewing the Crown’s disclosure, and the pre-trial discussions where most of these cases are resolved. In most cases you won’t set foot in a courtroom yourself unless your case goes all the way to a trial.
If you’ve just been charged, this is one of the first fears that hits — the image of standing up in a courtroom, in front of a judge, trying to explain yourself. It doesn’t help that the search results contradict each other: some pages say you “must attend court,” others say “no need to appear.” Neither one separates the two truths that actually matter. This article does, by walking through what happens after you’re charged, who appears at each stage, and the one situation where you would need to be there in person.
What happens if you get charged with stunt driving in Ontario?
The first thing to understand is that two very different things get blurred together — and separating them answers most of the fear.
The roadside penalties happen first, and they don’t involve a courtroom at all. The day you’re charged, at the roadside, your driver’s licence is suspended for 30 days and your vehicle is impounded for 14 days. You pay the towing and storage costs no matter how the case eventually ends. This is automatic. It happens before any court date, without a judge, without a hearing.
Then, separately, you receive a summons. A stunt driving charge is a Part 3 summons under section 172 of the Highway Traffic Act — not a simple ticket you can pay and forget. The summons names a court date. That date is the start of the legal process; it is not the roadside penalty, and it is not the day you “find out your punishment.”
So when people ask “do I have to go to court,” they’re often surprised to learn the roadside part already happened — automatically, and without a courtroom.
Do I need a lawyer for stunt driving in Ontario — and who goes to court?
This is where the court-appearance question really gets answered, because “do I need a lawyer” and “do I have to go to court myself” are, in practice, the same question.
The summons names a court date — but that first appearance, and the ones after it, are where your representative comes in. Here is what actually happens at each stage, and who is in the room:
- The first appearance — your representative attends for you. You do not.
- Disclosure — we order and review the Crown’s disclosure, the evidence in your file: the officer’s notes, how your speed was measured, the circumstances of the charge.
- The pre-trial discussions with the Crown — where the vast majority of these cases are resolved. Again, your representative handles this. You are not in that room.
You would only need to appear in person if your case goes all the way to a trial — and even then, only rarely, if a justice specifically asks for you to be present. For the ordinary path a stunt driving file takes, a representative is precisely how you stay out of the courtroom while your case moves forward.
Can you get jail time for stunt driving in Ontario?
It’s worth taking the court process seriously even if you never walk into the courtroom yourself — because the stakes on a conviction are severe.
Yes, jail is legally on the table. On a conviction for stunt driving in Ontario, you face:
- A fine of $2,000 to $10,000.
- A licence suspension of up to three years for a first conviction (longer for subsequent convictions).
- Up to six months in jail.
- Six demerit points.
Jail is rare for a first offence. But the fact that it is available is exactly why the disclosure gets reviewed and the file gets prepared properly — whether or not you’re the one sitting in the room. A stunt driving conviction can also affect your insurance for years. It is a provincial offence with criminal-grade penalties — not, in most cases, a criminal charge or a criminal record, but serious enough to change a life.
What speed is stunt driving in Ontario?
You are charged with stunt driving at specific speeds:
- 40 km/h or more over the limit on a road posted under 80 km/h.
- 50 km/h or more over the limit on a road posted 80 km/h or higher.
- 150 km/h or more, anywhere in the province, regardless of the posted limit.
Speed is the most common trigger, though the regulation also covers other behaviours. Knowing exactly which threshold applies to your charge — and therefore which penalties are in play — is part of preparing your file properly.
So — do you have to go to court yourself?
In most cases, no. The charge is always handled in court, but your representative is the one who appears — at the first appearance, through disclosure, and in the pre-trial discussions. You would only need to be there in person if your case goes to trial.
That’s the piece the search results get wrong. The matter is in court. You usually are not.
Talk to NextLaw
If you or your son or daughter is facing a stunt driving charge in Ontario, call NextLaw. We’ll explain exactly what your court process looks like, who appears and when, and where your case stands — yours, specifically. Want to see what a charge could cost first? Try our Stunt Driving Penalty Calculator.
Frequently asked questions
Do I have to go to court myself for a stunt driving charge in Ontario?
In most cases, no. While a stunt driving charge is always handled in court, your representative appears at the early court dates for you, and you’d typically only need to attend in person if your case proceeds to a trial.
Can my lawyer go to court for me on a stunt driving charge?
Yes. Your representative attends the first appearance, reviews the Crown’s disclosure, and handles the pre-trial discussions on your behalf, so you generally stay out of the courtroom unless the matter goes to trial.
Is the roadside suspension the same as going to court?
No. The 30-day licence suspension and 14-day vehicle impound happen automatically at the roadside the day you’re charged, entirely separate from the court date named on your summons.
Can you get jail time for stunt driving in Ontario?
Yes, jail is legally available — up to six months on a conviction — along with a $2,000–$10,000 fine, up to a three-year licence suspension, and six demerit points. Jail is rare for a first offence, but the penalty range is why every file is prepared carefully.
Is stunt driving a criminal charge in Ontario?
In most cases, no. It is a provincial offence under section 172 of the Highway Traffic Act, prosecuted as a Part 3 summons — serious, with criminal-grade penalties, but not usually a Criminal Code charge or a criminal record.
What speed is considered stunt driving in Ontario?
40 km/h or more over the limit on roads posted under 80 km/h, 50 km/h or more over on roads posted 80 km/h or higher, or 150 km/h or more anywhere, regardless of the limit.
This article is general information about Ontario stunt driving charges, not legal advice. Every case turns on its own facts — contact a licensed representative about your specific situation.
