Stunt Driving vs Dangerous Driving in Ontario

The short answer

Stunt driving and street racing are provincial offences under Ontario's Highway Traffic Act. They bring heavy roadside penalties but no criminal record. Dangerous driving is a crime under the Criminal Code, with a maximum of 10 years for the basic offence. Police can lay both charges for the same driving, and how the two are handled together can make a big difference to your record and your licence.

Stunt driving and street racing (Highway Traffic Act)

At the roadside, police can impose:

• A licence suspension: Your licence is suspended for 30 days.
• An impound: The vehicle is impounded for 14 days, whether or not you own it.

On conviction, the penalties include:

• A fine: The fine is $2,000 to $10,000.
• Jail: The court can impose up to 6 months in jail.
• Demerit points: Your record receives 6 demerit points.
• A suspension: Your licence is suspended for 1 to 3 years for a first conviction, and longer for repeat convictions.

A stunt driving conviction is a provincial offence, not a criminal record.

Dangerous driving (Criminal Code)

Dangerous driving is driving that is dangerous to the public and a marked departure from what a reasonable driver would do (s. 320.13). It carries up to 10 years by indictment, and more if someone is hurt or killed. A conviction creates a criminal record and brings a court driving prohibition and an Ontario suspension of at least 1 year after a first conviction.

When both charges are laid

Police can charge both offences for the same driving. Usually only one ends in a finding of guilt, often through a resolution with the Crown. Racing is an aggravating factor at sentencing for dangerous driving (s. 320.22).

How these cases often resolve

• Stunt driving only: The dangerous driving charge is withdrawn, and the stunt driving charge goes ahead.
• Criminal charge only: The stunt driving charge is withdrawn after a resolution on the criminal charge.
• Careless driving: A plea to careless driving is possible in some cases.

For example, a driver caught at high speed on an empty highway at night, with no other risky driving, may have a strong argument that the conduct belongs in provincial court, not criminal court.

What happens after you are charged

1. Roadside penalties: The licence suspension and impound happen immediately, before any court decision.
2. Two court tracks: The stunt driving charge goes to the Provincial Offences Court, and the dangerous driving charge goes to the Ontario Court of Justice.
3. Disclosure: Your lawyer obtains the speed evidence, officer notes and any video for both charges.
4. Coordinated resolution: Your lawyer can try to resolve both charges together, so one plea covers the situation.

The evidence in a typical case

Speed is usually measured by radar, laser or by an officer following the vehicle, which is called pacing. Each method has rules for calibration, training and use. Aircraft patrols are sometimes used on highways. Video from the cruiser or from traffic cameras may also show the driving and the surrounding traffic.

Possible defences

• Speed measurement: Radar, laser and pacing evidence can be challenged.
• No marked departure: The driving did not meet the criminal standard.
• Identity: The evidence does not prove who was driving.
• Charter issues: Police breached your rights during the stop.

Protecting your licence

Both charges can affect your licence for years. A criminal conviction also brings a court driving prohibition and a provincial suspension. See dangerous driving sentences and driving bans.

Effects beyond the sentence

A dangerous driving conviction carries a 10-year maximum, so it can make a permanent resident inadmissible for serious criminality. Both stunt driving and dangerous driving convictions usually lead to large insurance increases, and some insurers will not renew a policy after either one.

Stunt driving thresholds

Under Ontario's rules, stunt driving includes driving at 40 km/h or more over the limit where the limit is under 80 km/h, or 50 km/h or more over the limit where it is 80 km/h or higher. Driving at 150 km/h or more also counts. Stunt driving also includes certain manoeuvres, such as deliberately spinning a vehicle, preventing another vehicle from passing, or driving with someone in the trunk. These thresholds come from the Highway Traffic Act regulations.

Possible outcomes

What to do now

• Arrange to retrieve the vehicle after the 14-day impound, and keep all receipts.
• Do not drive during the roadside suspension.
• Ask a lawyer to obtain the speed evidence and any video before your first court date.
• Keep your court dates for both charges, which may be in different courts.

Young and new drivers

Stunt driving charges often involve young or newly licensed drivers. Drivers with a G1 or G2 licence can face additional consequences under Ontario's graduated licensing rules, including longer suspensions and delays in moving to a full licence. A criminal record from a dangerous driving conviction can also affect school, work and travel plans for years, so these cases deserve careful attention.

Licence consequences compared

A stunt driving conviction brings a provincial suspension of at least 1 year for a first conviction. A dangerous driving conviction brings a court driving prohibition and an Ontario suspension of at least 1 year after a first conviction, with longer suspensions for repeat convictions. In practice, the criminal route usually means a longer total time without a licence, along with a criminal record that can affect work and travel.

How we can help

We can deal with both the provincial and criminal charges together, and push for a resolution that protects your record and licence. Call (647) 223-1980 for a free consultation.

Frequently asked questions