Section 172(1) of the Highway Traffic Act reads stunt driving occurs when an individual drives a vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.
Penalties for stunt driving include:
An immediate seizure of the vehicle involved for 7 days
An immediate drivers licence suspension for 7 days
A fine between $2,000 - $10,000
A term or imprisonment for not more than 6 months
BOTH a fine and a term of imprisonment
Possible drivers licence suspension for up to 2 years (for a first conviction)
Possible drivers licence suspension for up to 10 years (for a subsequent conviction)
Examples of stunt driving include:
Occupying a passing lane for longer than is necessary
Exceeding 50km/h of the speed limit
Demerit Points and Insurance
If you are convicted of stunt driving, you will lose six demerit points, and your insurance rates will likely skyrocket.
The Crown has the burden of proving ONE of the following factors:
The driver drove without due care and attention
The driver drove without reasonable consideration for other persons using the highway
The driver drove in a manner that may endanger any person
The Defendant on the other hand has to show that they took all reasonable care to avoid committing the offence. To prove this, the Defendant will rely on conditions surrounding the event. For example, the defendant could argue that the road conditions caused him/her to drive in a manner that is considered to be stunt driving.
The office of Suzanne Desrosiers Professional Corporation – Lawyers will review your case and will provide you with a legal opinion. If you choose to defend the charge, we will advocate for you to the best of our ability. That may mean going to trial or having the charge reduced to a lesser offence.
Contact us at (705) 268-6492 or online to find out more about how we can assist you.