How to Fight an Ontario Stunt Driving Charge in 2025

Recent changes to the stunt driving laws in the Highway Traffic Act (HTA) mean that new penalties and lower thresholds for stunt driving charges now apply to drivers here.

Familiarizing yourself with the stunt driving laws—and the changes—is important to avoid a ticket and other negative consequences that can accompany charges: not only a licence suspension but possible jail time, hefty fines, and vehicle impoundment.

While stunt driving does not result in a criminal record, it is sometimes referred to as a “quasi” criminal offence because offenders can go to jail. This should act as a major deterrent.

Here is what else you need to know about stunt driving—and what to do if you are charged with this offence.

Stunt driving is sometimes known as “street racing” but it includes other errant driving behaviours besides speeding.

Section 172 (1) of the Highway Traffic Act refers to driving a motor vehicle “on a highway in a manner of contest or race while doing stunts or on a bet”. The following “stunt driving” maneuvers apply under the legislation:

• Excessive speeding: Driving 40 km/h or more over the speed limit on roads with limits under 80 km/h, or 50 km/h or more over the speed limit on roads with limits of 80 km/h or higher (note that driving at 150 km/h or more anywhere also qualifies as stunt driving).
• Street racing: Engaging in competitions or contests with other vehicles on public roads.
• Intentional loss of traction: Causing a vehicle to spin, drift or circle without maintaining control.
• Dangerous maneuvers: Driving with the intention to lift some or all tires from the road surface, such as performing wheelies or driving a motorcycle with only one wheel in contact with the ground.
• Obstructing other vehicles: Intentionally preventing other vehicles from passing or deliberately chasing another vehicle.

Refer to Ontario Regulation 455/07 Races, Contests, and Stunts for more information on stunt driving.

The stunt driving and dangerous driving laws were updated in Ontario in July 2021 and April 2022. Collectively, the law changes were known as the Moving Ontarians More Safely Act (MOMS Act).

The main changes involved the following amendments to the existing legislation:

• A lower threshold for what constitutes stunt driving: the speed was lowered from 50km/h to 40km/h on certain roads (see above notes on “excessive speeding”)
• Stricter penalties were introduced, including possible jail time, longer suspensions, and a longer vehicle impoundment period (e.g., the license suspension increased from seven days to 30 days). Attendance at driver education courses was also made mandatory.

A tiered licence suspension system was introduced, resulting in much tougher penalties for repeat stunt driving offenders (up to a lifetime licence suspension, for instance).

If you are stopped by law enforcement in Ontario for breaching the HTA’s stunt driving laws, it will lead to more than a few demerit points on your licence.

Stunt driving penalties

A ticket for stunt driving will result in an immediate 30-day roadside licence suspension. Your vehicle will also be impounded for 14 days—there are no exceptions. The penalties do not stop there, though.

If you accept the charge or are convicted as a first-time offender, the following penalties apply:

• Immediate 30-day roadside licence suspension
• Immediate 14-day vehicle impoundment
• Six demerit pointson the licence
• A fine of $2,000 to $10,000 (plus 25% victim surcharge)
• Up to six months of jail time
• Loss of your licence for 1-3 years
• Mandatory attendance at a driver improvement course

For repeat offenders, the penalties are considerably more severe, including up to a lifetime license suspension. Jail time is also increasingly likely.

Other “hidden penalties” may also apply to stunt drivers due to the blemish on their driving records. Most notably, higher insurance premiums. Some insurance companies may even refuse to renew policies for stunt drivers.

The charge will appear on driving abstracts for three years after a conviction. So, even if your license is suspended for only one year, you might not be able to drive for three years if you cannot find a broker to insure you.

Another long-term penalty is that a blemish like this on your driving record can prevent you from getting a job in governmental institutions, where a perfect driving record is required.

If you have been stopped and charged with stunt driving, you must stop using the car until your driver’s licence is reinstated. The car will likely be impounded anyway but continuing to use your car is a criminal offence.

The next step should be to talk to a professional stunt driving lawyer to try to get the driver’s licence suspension lifted. Your lawyer will also appear on your behalf in court to fight the traffic ticket. You may also be able to arrange to recover your motor vehicle after the impoundment ends to avoid expensive towing and storage fees.

Rather than pleading guilty and paying the ticket, you can and should elect to fight the ticket. This is easiest and most effective with a criminal defence lawyer to advocate for you. A professional criminal defence lawyer with experience in these cases will know the best strategies for having the charge dismissed or reduced. If that is not possible, there may be other ways to limit the consequences for the future.

The basic steps that your lawyer will take to fight the stunt driving ticket are:

• File the stunt driving ticket within 15 days to contest it and request a trial.
• Formally request a trial on the first court appearance.
• Request disclosure from the prosecutor so that you understand the evidence against you.
• Attend further court appearances as required (e.g., pre-trial, plea negotiation, trial).
• Prepare documents for plea negotiations, such as proof of licence reinstatement or any other helpful information.
• Prepare questions for the arresting officer, who will be the primary prosecution witness.
• Challenge the evidence by preparing a robust defence that questions the officer’s version of events.
• Attend a trial and present your defence.
• Await the verdict from the judge.

To understand your legal options if you are charged with stunt driving in Ontario, speak to a criminal defence lawyer in Ottawa during a free consultation.