Stunt Driving Questions and Answers

The first step in having a Stunt Driving charge dropped is to retain effective, experienced representation. It is very difficult for unrepresented defendants to be persuasive in court with little to no experience. Next, all of the evidence against you needs to be collected and meticulously sorted through. Most successful Stunt Driving defences are in one way or another linked to disclosure from the Crown – or lack thereof. Your Stunt Driving lawyer or paralegal needs to exercise every single right that you have through the defence process including the assertion of your rights under the Canadian Charter of Rights and Freedoms. Let us put the Crown on trial, before giving the State the opportunity to put you on trial.

Because the Crown prosecutor wants leverage over you. A driver facing two charges is more likely to agree to plead guilty to one charge when faced with the spectre of two major convictions. But here’s a secret that we at Mavericks are happy to share with you. You can not be convicted of both Stunt Driving and Speeding 50 km/h or More Over the Speed Limit when the charges arise from the same circumstances. You are protected by the Kienapple Principle which in essence only permits an accused person to be punished once for the same delict or wrongful act. Now you know!

No. Stunt Driving is a Provincial Offence, not a Criminal Offence. However, jail is jail, regardless of the legislation that lands you there. Stunt Driving is a very serious offence and can have a disastrous effect on your car insurance premiums. A Stunt Driving conviction will not impact on your ability to cross the border, nor will it impact on your immigration status, but a conviction can bring a jail sentence up to 6 months, a minimum mandatory one year license suspension and a fine up to $10,000 for a first offence!

For a driver with a clean record, a conviction for Stunt Driving will usually mean the driver will be moved to the high risk, or facility market. This will usually result in at least a 100% surcharge to insurance premiums for at least 3 years.

Stunt Driving is a single offence under the Ontario Highway Traffic Act that can be committed in a multitude of ways. Stunt Driving can be committed by exceeding the speed limit by 50 km/h or more where the speed limit is 80 km/h or more, and by exceeding the speed limit by 40 km/h or more where the speed limit is less than 80 km/h; racing; driving with a passenger in the trunk of the car; driving while not being seated in the driver’s seat; careless driving; squealing tires on purpose; doing a ‘wheelie’ on a motor bike; jumping a green light when turning left at an intersection, and more. Stunt Driving is not a Criminal offence, but may result in the driver being fined, suspended and incarcerated.

Stunt Driving is a serious charge that needs a serious defence. Experience counts. But, the right kind of experience will bring the best results. The technical issues that need to be canvassed by the defence lawyer or paralegal are complex and constantly changing. It is important to seek out a firm that handles Stunt Driving cases regularly, but also, a firm that actually investigates the technical issues and has the skill set to litigate those issues and bring home the best result the case will allow. If you are facing a Stunt Driving charge, you need more than a guilty plea clearing house in your corner. You need the experts at Mavericks!

The OPP are very active on the 400, 404 and 407 highways that pass through York Region. Consequently, there is a very high volume of Stunt Driving charges laid in this area. The cases are returnable to the Provincial Offences Court in the Tannery Mall, Newmarket. Get Mavericks to defend you for Stunt Driving in Newmarket!

Maybe, maybe not. This is a popular question across the internet, with a long list of dubious answers. The truth is that negotiating with the Crown at the beginning of the litigation is usually a bad idea. The Crown at that point really thinks they are holding all the cards. So, what incentive do they have to offer you a really good deal? The defence has not identified any weaknesses or holes in the Crown’s case at that point so the prosecutor will have very little incentive to offer you much. Soliciting a guilty plea position from the Crown under those circumstances may very well come back to haunt you (or your representative) later. It is difficult to have a Crown reconsider a position offered earlier – especially if you are dealing with a different Crown than the one who made the initial offer. Negotiating should be a last resort, not a first resort. This is a Mavericks philosophy that has set us apart from the rest!

A Stunt Driving conviction will result in 6 demerit points being assessed against the driver for 2 years from the date of the offence (not from the date of conviction). Demerit points do not affect car insurance premiums, contrary to what many believe. Insurance companies focus on convictions when assessing rates. Demerit points are used to calculate when a driver may be suspended. G2 drivers should be aware that any charge that attracts 4 demerit points or more will bring with it a 30 day driver’s license suspension.

A common misconception is that Racing is an offence that requires two or more drivers to engage in a contest. In reality, Racing is an offence that may actually be committed by a single driver. The definition of Race and Contest is set out below.

Definition, “race” and “contest”
2. (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:

1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.

2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.

3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,

ii. 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

iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed. O. Reg. 455/07, s. 2 (1).

(2) In this section,

“marked departure from the lawful rate of speed” means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway. O. Reg. 455/07, s. 2 (2).

Mavericks has both, but that doesn’t end the issue. The category of license from the Law Society of Ontario is not what you should be concerned with. You need a representative who is experienced and effective. Mavericks recommends that if you are going to hire another firm, ask to speak directly to the person who will be representing you in court, and ask for a court transcript of that person actually fighting a Stunt Driving charge. Court transcripts are part of the public record, so don’t take any excuses. Many lawyers advertise that they handle Stunt Driving cases, but in some cases, the lawyer never leaves the office.