What counts as stunt driving
Ontario's stunt driving rules cover more than racing. Speed alone can trigger a charge:
- 40 km/h or more over the limit where the limit is under 80 km/h
- 50 km/h or more over the limit where the limit is 80 km/h or more
- 150 km/h or more anywhere
Other driving, such as deliberately spinning tires, cutting off other cars or driving close to them on purpose, can also be stunt driving.
Penalties for stunt driving
At the roadside, police impose a 30-day licence suspension and a 14-day vehicle impoundment. You pay the towing and storage, and that happens whether or not you're later convicted.
If convicted, a first offence can mean a fine of $2,000 to $10,000, up to six months in jail, six demerit points and a licence suspension of one to three years. Suspensions are much longer for repeat convictions. Insurance costs can also rise sharply, or your policy can be cancelled.
Careless driving
Careless driving means driving without due care and attention or without reasonable consideration for others. It's often charged after a collision. A conviction can bring a fine of $400 to $2,000, up to six months in jail, a licence suspension of up to two years and six demerit points.
Careless driving that causes bodily harm or death is a separate, more serious offence, with a fine of $2,000 to $50,000, up to two years in jail and a long licence suspension.
How these charges are fought
- How was the speed measured? Radar and laser devices have to be properly tested and used by trained officers. Speeds estimated by following another car (pacing) can be challenged.
- Does the disclosure, including the officer's notes and any video, actually support the charge?
- Was it a lapse of attention, or really careless driving? Not every collision is careless driving.
- Can the charge be resolved as a lesser offence, such as a speeding conviction, which avoids the long suspension?
Not a crime, so not an immigration problem, but be careful
Because stunt and careless driving are Highway Traffic Act offences, a conviction is not a criminal record and doesn't create criminal inadmissibility for permanent residents, students or workers. Dangerous driving and impaired driving are different: those are Criminal Code offences with serious immigration consequences. If you've been charged with one of those, see our impaired driving page or talk to us right away.
What happens at the roadside: suspension and impoundment
Under section 172(8) to (10) of the Highway Traffic Act, if a police officer believes on reasonable and probable grounds that a person is driving, or has driven, in contravention of the stunt driving section, the officer must ask for the driver's licence and detain the vehicle. The licence is suspended for 30 days from that moment, and the vehicle is impounded for 14 days at the owner's cost and risk.
There is no appeal from, and no right to be heard before, the roadside suspension or the impoundment (section 172(18)), but that does not stop you from fighting the charge in court. The suspension and impoundment are also not an alternative to the court case. They are separate from any fine, jail term or longer suspension a court could impose if you are convicted (section 172(21)). The owner of the vehicle can sue the driver to recover impoundment costs (section 172(19)).
What a lawyer looks at in a stunt driving case
- How your speed was measured, including the device, the officer's training, calibration and testing records, and whether the officer could identify your vehicle among others.
- The speed limit at the spot, including signage, school or construction zones, and any posted changes.
- Whether the conduct fits the offence, because not every fast or aggressive manoeuvre is a stunt.
- Whether the stop and any statements you made respected your Charter rights.
- The Crown's disclosure, including notes, video and radar or laser records.
- Whether the matter could be resolved in a way that reduces the consequences. This depends on the facts and the Crown's position, and nothing is guaranteed.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
Can I get my car back before 14 days?
Generally, no. The 14-day impoundment is administrative and applies regardless of the outcome of your case. You'll also pay towing and storage costs.
Is stunt driving a criminal offence?
No. It's a provincial offence under the Highway Traffic Act, so a conviction isn't a criminal record. The penalties, however, can be very severe.
I'm a G2 driver. Is it worse for me?
Novice drivers can face additional consequences under Ontario's graduated licensing rules, so it's even more important to get advice before resolving the charge.
Can a stunt charge be reduced to speeding?
Sometimes, depending on the evidence and the prosecutor's position. A speeding conviction avoids the long licence suspension that comes with a stunt conviction.
Will this affect my immigration status?
Stunt and careless driving are not criminal, so they don't make you criminally inadmissible. Dangerous driving and impaired driving are crimes and can.
Do you accept Legal Aid certificates?
We consider Legal Aid Ontario certificates on a case-by-case basis. Tell us when you call if you have a certificate or have applied for one.
Can we speak in Urdu, Hindi or Punjabi?
Yes. We meet clients in English, Urdu, Hindi and Punjabi.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.