What is considered stunt driving in Ontario?

Stunt driving under section 172 of the Highway Traffic Act includes driving 40 km/h or more over the speed limit on roads with a posted limit under 80 km/h, driving 50 km/h or more over the limit on roads posted at 80 km/h or higher, and any driving at 150 km/h or more regardless of the posted limit. But speed is not the only trigger. Stunt driving also includes intentionally driving with a person in the trunk, intentionally losing traction (drifting or spinning tires), driving without due care and attention while performing a stunt, deliberately preventing another vehicle from passing, and racing or contest driving. The definition is broader than most people expect — it is not limited to extreme speed.

What are the penalties for a first-time stunt driving offence in Ontario?

A first offence for stunt driving carries an immediate 30-day roadside licence suspension, a 14-day vehicle impoundment (at the owner's expense), a fine of $2,000 to $10,000 upon conviction, up to six months in jail, a licence suspension of one to three years upon conviction, six demerit points, and a substantial insurance increase. The roadside suspension and vehicle impoundment happen immediately at the scene — before any court appearance or finding of guilt. These are administrative penalties imposed by the police officer, separate from the penalties the court may impose after conviction.

What happens if you get caught stunt driving a second time in Ontario?

A second stunt driving conviction within 10 years carries significantly harsher penalties: a fine of $2,000 to $10,000, up to six months in jail, a licence suspension of three to 10 years, six demerit points, and the same immediate roadside suspension and vehicle impoundment. The longer licence suspension is the most consequential difference. A third or subsequent offence can result in a lifetime licence suspension. Courts treat repeat stunt driving offences as evidence of a pattern of dangerous behaviour and sentences escalate accordingly.

Is stunt driving a criminal offence in Ontario?

Stunt driving under section 172 of the Highway Traffic Act is a provincial offence, not a criminal offence. A conviction does not result in a criminal record. However, the same driving conduct that constitutes stunt driving can also be charged as dangerous operation of a motor vehicle under section 320.13 of the Criminal Code — which is a criminal offence carrying a maximum sentence of 10 years imprisonment. The police and Crown have discretion in choosing which charge to lay. If the driving is extreme enough or if someone was injured or killed, the Crown is more likely to proceed with the criminal charge. It is possible to be charged with both stunt driving and dangerous driving arising from the same incident.

Can you fight a stunt driving charge in Ontario?

Yes. Common defences include challenging the accuracy of the speed measurement (radar or lidar calibration, operator certification, environmental conditions affecting readings), challenging the identification of the driver (the officer must prove you were driving, not just that it was your vehicle), challenging the officer's observations of the alleged stunt driving behaviour, arguing necessity (you had no reasonable alternative and drove as you did to avoid a serious and imminent threat), and raising Charter violations if the stop or investigation was unlawful. A stunt driving charge can also sometimes be negotiated down to a lesser offence like careless driving, which carries less severe consequences.

What is the difference between stunt driving and careless driving in Ontario?

Both are provincial offences under the Highway Traffic Act, but they carry very different penalties. Careless driving under section 130 is driving without due care and attention — a broader, lower-threshold offence. It carries a fine of $400 to $2,000, six demerit points, and a possible suspension of up to two years. Stunt driving under section 172 targets specific dangerous behaviours — primarily excessive speed — and carries an immediate roadside suspension, vehicle impoundment, fines of $2,000 to $10,000, and a conviction suspension of one to three years for a first offence. In practice, a careless driving plea is sometimes the resolution for a stunt driving charge when there are weaknesses in the Crown's evidence.

What is the difference between stunt driving and dangerous driving?

Stunt driving under HTA section 172 is a provincial offence — it does not result in a criminal record. Dangerous driving under Criminal Code section 320.13 is a criminal offence that carries a maximum sentence of 10 years imprisonment (or life imprisonment if someone is killed), a criminal record, and a driving prohibition. The legal tests are different: stunt driving is often triggered by exceeding specific speed thresholds, while dangerous driving requires proof that the manner of driving was objectively dangerous to the public, having regard to all the circumstances. The same driving conduct can sometimes support either charge, and the Crown's choice of charge has enormous consequences for the accused.

Will stunt driving affect my insurance in Ontario?

Yes, significantly. A stunt driving conviction is classified as a major conviction by Ontario insurers and will result in a dramatic premium increase — often $5,000 to $10,000 or more per year for several years. Many standard insurers will refuse to cover a driver with a stunt driving conviction, forcing them into the high-risk insurance market. The insurance impact lasts for three years from the date of conviction, though some insurers look back further. Combined with the fine, towing and impound fees, and legal costs, the total financial impact of a stunt driving conviction regularly exceeds $25,000 to $50,000 over three to five years.

Can a stunt driving charge be reduced to careless driving?

Yes, in certain circumstances. When there are weaknesses in the Crown's evidence — such as questions about the accuracy of the speed measurement, identification issues, or procedural errors — the Crown may agree to resolve a stunt driving charge to careless driving under section 130 of the Highway Traffic Act. A careless driving conviction still carries consequences (a fine of $400 to $2,000, six demerit points, and a possible licence suspension), but it avoids the immediate roadside suspension, the vehicle impoundment, the much higher fine range, and the longer licence suspension that come with a stunt driving conviction. The insurance impact is also less severe with careless driving.

Stunt Driving Charges Ontario (2026)

What Counts as Stunt Driving in Ontario

Stunt driving is defined under section 172 of the Highway Traffic Act. The definition goes well beyond simply driving fast. It captures a range of driving behaviours that the legislature considers inherently dangerous.

Speed Thresholds

You can be charged with stunt driving based on speed alone if you are:

Driving 40 km/h or more over the posted speed limit on a road with a limit under 80 km/h
Driving 50 km/h or more over the posted speed limit on a road with a limit of 80 km/h or higher
Driving at 150 km/h or more on any road, regardless of the posted limit

These thresholds were lowered in 2021. Before July 1, 2021, the threshold was 50 km/h over the limit on all roads. The change means that driving 90 km/h in a 50 km/h zone — which would have been a speeding ticket before — is now a stunt driving charge.

Non-Speed Stunt Driving

Section 172 also captures driving behaviour that is not purely about speed:

Intentionally losing traction — drifting, spinning tires, or fishtailing deliberately
Driving with a person in the trunk or in a part of the vehicle not designed for passengers
Deliberately blocking another vehicle from passing or changing lanes
Racing or contest driving — competing with another vehicle on a public road
Driving without due care while performing a stunt or manoeuvre

Immediate Roadside Consequences

What makes stunt driving different from most other traffic offences is the immediate, pre-conviction consequences. When a police officer charges you with stunt driving, the following happens at the roadside — before any court date:

30-day licence suspension. Your licence is suspended immediately. You cannot drive for 30 days. This is an administrative suspension imposed by the officer, not by a court.
14-day vehicle impoundment. Your vehicle is towed and impounded for 14 days at the owner’s expense. Towing and storage fees typically range from $1,000 to $2,000 or more depending on the tow company and storage facility.

These consequences take effect immediately and cannot be appealed until after the fact. Even if you are ultimately acquitted of the charge, you do not get the 30 days or the impound fees back.

Penalties Upon Conviction

If you are convicted of stunt driving, the court imposes penalties on top of the roadside consequences you have already served.

Penalty	First Offence	Second Offence (within 10 yrs)	Third+ Offence
Fine	$2,000–$10,000	$2,000–$10,000	$2,000–$10,000
Jail	Up to 6 months	Up to 6 months	Up to 6 months
Licence suspension	1–3 years	3–10 years	Lifetime
Demerit points	6	6	6
Roadside suspension	30 days (immediate)	30 days (immediate)	30 days (immediate)
Vehicle impound	14 days	14 days	14 days
Criminal record	No	No	No

First Offence: What to Expect

A first-time stunt driving charge is still treated seriously by Ontario courts. The minimum fine is $2,000 and the minimum licence suspension upon conviction is one year. Most first offenders do not receive a jail sentence, but it is within the court’s discretion.

The practical costs of a first offence extend well beyond the fine. When you factor in the towing and impound fees ($1,000 to $2,000), the insurance premium increase ($5,000 to $10,000 or more per year for three years), legal fees, and the cost of alternative transportation during your suspension, the total financial impact of a first stunt driving offence regularly exceeds $25,000 over three years.

For this reason, fighting a stunt driving charge — or negotiating a resolution to a lesser offence — can represent a significant financial saving even when the legal costs are substantial.

Stunt Driving vs. Careless Driving vs. Dangerous Driving

Three charges cover overlapping territory in Ontario driving law, but they carry very different consequences.

Factor	Stunt Driving (HTA s. 172)	Careless Driving (HTA s. 130)	Dangerous Driving (CC s. 320.13)
Type of offence	Provincial (HTA)	Provincial (HTA)	Criminal (CC)
Criminal record	No	No	Yes
Maximum fine	$10,000	$2,000	Unlimited
Maximum jail	6 months	6 months	10 years (life if death)
Immediate roadside suspension	Yes — 30 days	No	No
Vehicle impoundment	Yes — 14 days	No	No
Licence suspension (conviction)	1–3 years (1st)	Up to 2 years	1 year minimum
US travel	No effect	No effect	Inadmissible
Demerit points	6	6	None (federal prohibition)

When Stunt Driving Becomes a Criminal Charge

Stunt driving under the HTA is a provincial offence. But the same driving behaviour can also be charged as dangerous operation of a motor vehicle under section 320.13 of the Criminal Code. The Criminal Code charge is more likely when:

Someone was injured or killed — dangerous driving causing bodily harm carries a maximum of 14 years; causing death carries life imprisonment
The speed was extreme — speeds significantly above the stunt driving thresholds
Other aggravating factors — driving in a school zone, racing with other vehicles, driving under the influence of alcohol or drugs at the same time
The accused has a prior record — previous driving convictions, particularly stunt driving or DUI, may prompt the Crown to proceed with a criminal charge

It is also possible to be charged with both stunt driving under the HTA and dangerous driving under the Criminal Code arising from the same incident. If convicted of the criminal charge, the accused would face a criminal record on top of the provincial consequences.

Defence Strategies for Stunt Driving Charges

Stunt driving charges can be defended. The following strategies are commonly employed depending on the facts of the case.

Challenging the speed reading. Radar and lidar devices must be properly calibrated and maintained, and the operator must hold a valid certificate. The officer must follow specific protocols when operating the device. If the device was not calibrated within the required timeframe, the officer’s certificate had expired, or there were environmental conditions (heavy traffic, weather, angle of measurement) that could have affected the reading, the accuracy of the speed measurement can be challenged.
Identification. The officer must prove that you were the person driving the vehicle. In cases where the officer did not directly observe the driver — for example, in photo radar or automated speed enforcement situations, or where there were multiple occupants — identification may be in issue.
Due diligence. For provincial offences, you may be able to establish a defence of due diligence — that you took all reasonable steps to avoid committing the offence. This is a higher bar than it might sound, but it is available in limited circumstances.
Charter violations. If the traffic stop was unlawful or your Charter rights were violated during the investigation, evidence obtained may be excluded.
Negotiation to a lesser offence. When the evidence has weaknesses, the Crown may agree to resolve the stunt driving charge to careless driving under section 130 of the HTA. Careless driving carries a lower fine ($400 to $2,000), no roadside suspension, no vehicle impoundment, and a less severe insurance impact. This resolution can save the accused tens of thousands of dollars in insurance premiums alone.

The Insurance Reality

The insurance consequences of a stunt driving conviction are often the most financially significant outcome. A stunt driving conviction is classified as a major conviction by Ontario insurers. Most standard insurers will refuse to renew your policy, forcing you into the high-risk insurance market.

High-risk insurance premiums after a stunt driving conviction commonly range from $8,000 to $15,000 per year or more — compared to typical premiums of $1,500 to $3,000 for a clean driving record. The conviction remains on your driving abstract for three years, so the total insurance cost over that period can be $25,000 to $40,000 more than what you would have paid with a clean record.

This is why a resolution to careless driving — even though it still carries insurance consequences — can represent a saving of $15,000 to $30,000 in insurance costs alone. The legal fees to fight a stunt driving charge are typically far less than the insurance savings from a successful defence or reduced charge.

Young and Novice Drivers

Drivers holding a G1 or G2 licence face additional consequences for stunt driving. The graduated licensing system imposes a zero tolerance approach: any stunt driving charge can result in a longer roadside suspension, additional licence suspensions, and a requirement to restart the graduated licensing process from the beginning.

For young drivers, a stunt driving conviction can delay full licensing by years and make insurance unaffordable during that period. The practical effect is often more severe for novice drivers than for fully licensed drivers.

How a Lawyer Can Help

The immediate consequences of a stunt driving charge — the 30-day licence suspension and the vehicle impoundment — happen before any court proceeding. But the longer-term consequences — the fine, the conviction suspension, and the insurance impact — are determined by what happens in court. A defence lawyer can:

Review the officer’s notes and the speed measurement evidence for weaknesses
Challenge the accuracy of radar or lidar readings
Negotiate with the Crown for a withdrawal or resolution to a lesser offence
Defend the charge at trial if the evidence warrants a defence
Minimize the consequences at sentencing if a conviction is unavoidable

If you have been charged with stunt driving in Ontario, contact RH Criminal Defence to discuss your case. The financial stakes — when you account for fines, impound fees, and insurance — make legal representation a practical investment, not just a legal formality.

Stunt Driving Charges in Ontario