Affordable Stunt Driving Defence Lawyers in Ottawa
Being caught driving well over the speed limit in Ontario can lead to immediate and severe penalties under the province’s strict stunt driving laws.
Recent legislative changes have made the consequences even harsher, including an extended roadside driving suspension and escalated fines. While stunt driving is not classified as a criminal offence, you can still face jail time.
Although most convictions do not result in jail, they can significantly impact your driving privileges, finances, and insurance rates. However, many stunt driving charges are successfully challenged in court, allowing drivers to reduce or eliminate penalties.
At Affordable Defence, we understand the complexities of Ontario’s stunt driving laws. Our experienced lawyers will thoroughly assess your case, challenge the prosecution’s evidence, and fight to get your charge dismissed or reduced. If a trial is necessary, we will work to minimize the impact on your future and protect your driving record.
If you’ve been charged with stunt driving, don’t simply accept the penalties—contact us today to explore your defence options.
What is a stunt driving charge in Ontario?
Stunt driving is an offence against Ontario traffic laws, as stated in section 172(1) of the Highway Traffic Act.
In simple terms, stunt driving is a departure from the normal operation of a motor vehicle on the highway. The Act says this:
- No person shall drive a motor vehicle on a roadway in a race or contest,
- while performing a stunt or
- on a bet or wager
Subsequent to recent changes, if you are caught exceeding the posted speed limit by more than 50km/h, you can receive a traffic ticket for stunt driving and your driver’s licence will be suspended roadside for 30 days. Previously, this was seven days.
Driving more than 50km/h over the speed limit accounts for most of the tickets issued for stunt driving in Ottawa – but other alleged offences can also get you in trouble.
According to Ontario Regulation 455 / 07, being caught driving in the following manner on Ontario’s roads may also trigger a stunt driving ticket:
- Any indication of an intention to chase another vehicle
- Going at a speed that is a marked departure from the lawful rate
- Any indication that you are engaged in a competition
- Driving without due care and attention or reasonable consideration for other drivers or that may endanger any person by,
- outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or
- repeatedly changing lanes close to other vehicles to cut through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed.
You don’t have to drive at 50 Km/h over the speed limit to land yourself in trouble. Driving at a speed that is a “marked departure” from the lawful rate is enough.
Some other driving behaviors that will flag the attention of the police are (amongst others):
- Driving with a person in the trunk of your motor vehicle
- Driving without sitting in the driver’s seat
- Driving to prevent another vehicle from passing
- Spinning a vehicle or causing it to circle without control
Penalties for stunt driving in Ontario
Regardless of that, you will lose your license at the roadside if you were doing 40 km/h or more over the limit on a road with a speed limit under 80 km/h or driving at 50 km/h or more over any speed limit.
The same applies if you are caught driving at 150 km/h or more anywhere (even on a highway with a speed limit of 110 km/h).
As well as the roadside loss of your license for 30 days, if you are found guilty, you could end up losing your license for up to two years for a first conviction or up to 10 years or even life for subsequent convictions.
Following is the full list of potential penalties for first, second and subsequent offences according to the Highway Traffic Act Ontario:
Fighting a stunt driving charge
Fighting a stunt driving charge in Ontario requires careful legal navigation. While you can defend yourself, hiring an experienced stunt driving lawyer can significantly improve your chances of a successful outcome. Below are the steps on how to challenge a stunt driving ticket.
File Your Ticket Within 15 Days
You must file your stunt driving ticket within 15 days of receiving it to request a trial. Failing to do so could result in an automatic conviction and penalties without a chance to present your case.
Request a trial date
Attend court and formally request a trial. This initiates the legal process and gives you the opportunity to contest your stunt driving charge.
Request to review evidence
Ask for disclosure from the prosecutor, which includes:
- Radar or speed detection records
- Officer’s notes
- Witness statements
Carefully reviewing this evidence may reveal errors or inconsistencies that can be used in your defence.
Plea Negotiations
Gather supporting documents, such as proof of a clean driving record or licence reinstatement. This may help negotiate a reduction of charges to a lesser offence, like speeding.
Develop Your Legal Strategy
- Prepare questions for the police officer and witnesses to challenge their testimony.
- Focus on errors in speed measurement, lack of clear signage, or inconsistencies in officer reports.
- Identify legal defences, such as improper calibration of radar equipment or a mistaken identity.
Challenge the Evidence in Court
During your trial, question the officer’s observations, the accuracy of radar/lidar devices, and any procedural mistakes made during the traffic stop. If reasonable doubt is established, your charge may be reduced or dismissed.
Attend court appearances
Expect to attend court 1-3 times, including pre-trial hearings and the trial itself. Each appearance plays a key role in the outcome of your case.
Hire a Lawyer
Since stunt driving carries severe penalties, including possible licence suspension and insurance hikes, hiring a traffic lawyer can improve your chances of reducing or dismissing the charges. A lawyer can challenge the evidence, negotiate with the prosecution, and navigate court procedures effectively.
What are legal defences for stunt driving in Ontario?
If you are issued with a stunt driving ticket in Ontario, you will receive a summons to court to answer the charge.
At Affordable Defence, we can help you fight the charge and potentially escape the license suspension, demerit points and insurance hikes.
We will examine the officer’s notes, investigate what happened and prepare your case for trial – in most cases, you won’t even have to appear in court.
Generally, we will adopt one of the following defences for your case:
- Factual innocence – you did not do what the police officer alleges
- Rights breaches – the police officer violated your rights when issuing the ticket or the prosecution did not properly prepare the case for court
- Court error – mistakes were made in court which could dismiss the charge on technical grounds
Our criminal defence team has considerable experience in defending tickets for all types of traffic offences, including stunt driving.
If you or a loved one has received a ticket for stunt driving in Ottawa, contact one of the experienced lawyers at Affordable Defence for a free initial consultation.
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