Ontario · Highway Traffic Act, s.172 (Ontario)
Stunt Driving & Racing in Ontario
A serious Highway Traffic Act charge with immediate roadside consequences and long licence suspensions on conviction. The first 30 days matter.
Tell us what you're facing.
What is stunt driving & racing?
Ontario has three separate speed thresholds for stunt driving, and the third catches people out: 50 km/h or more over the limit on any road; 40 km/h or more over where the posted limit is under 80; or 150 km/h or more in absolute terms, anywhere in the province — including freeways posted at 110, where 150 is only 40 over and would otherwise read as an ordinary speeding ticket.
A criminal charge is a separate possibility. No speed automatically becomes criminal, but police can lay dangerous driving under s.320.13 of the Criminal Code where the driving was a marked departure from the standard of a reasonably prudent driver, judged on all the circumstances. That is criminal court and a criminal record — a different process from a Highway Traffic Act charge, and it needs criminal representation.
Stunt driving and racing are prosecuted under section 172 of the Highway Traffic Act. It's a Part III offence, which means you receive a summons to court — there is no set fine on the ticket. The penalty is decided by the court within the ranges the statute allows.
Common ways drivers are charged under s.172 include excessive speeding (thresholds set by regulation), racing another vehicle, chasing another vehicle, or driving in a way the officer characterises as a "stunt."
When you're charged, the officer can impose consequences immediately at the roadside — before you've had a chance to defend the case. This is critical to understand: the roadside penalties happen on the day you're charged, not after a trial.
Penalties
| Tier | Fine | Demerit points | Licence suspension | Jail | Procedure |
|---|---|---|---|---|---|
| Roadside (administrative, before trial) | No fine at roadside | None until conviction | 30-day driver's licence suspension | None (roadside stage) | Administrative — imposed at roadside |
| On conviction (first offence) | $2,000 – $10,000 | 6 points | Minimum 1 year (3 years on second, indefinite on third+) | Up to 6 months | Part III summons |
Insurance impact
Stunt driving is typically treated as a serious/high-risk conviction. Premium increases can be substantial for years, and some insurers will refuse to renew coverage — forcing drivers into the high-risk market at significantly higher rates.
Licence & record impact
Beyond the licence suspension, a s.172 conviction stays on your driving abstract and can affect employment that requires driving, cross-border travel, and every future insurance application. The vehicle is also impounded for 14 days at the roadside — separate from the licence suspension.
How this charge is defended
Section 172 charges are technical. We start by obtaining full disclosure — the officer's notes, the speed-measuring device records and calibration history, in-car video where it exists, and any radio or CAD dispatch data. Small technical failures on the prosecution side often make a real difference.
Depending on the disclosure, our goal is to have the charge withdrawn or reduced to a lesser Highway Traffic Act offence that doesn't carry the s.172 suspension consequences. Where trial is the right path, we prepare fully — including Charter arguments where the facts support them.
Stunt Driving & Racing by city
Where your matter is heard depends on where the charge was laid, not where you live.
- Stunt Driving & Racing in BarrieBarrie Provincial Offences Court
- Stunt Driving & Racing in HamiltonHamilton Provincial Offences Court
- Stunt Driving & Racing in KitchenerWaterloo Region Provincial Offences Court
- Stunt Driving & Racing in LondonLondon Provincial Offences Court
- Stunt Driving & Racing in TorontoToronto Provincial Offences Court
- Stunt Driving & Racing in WindsorWindsor Provincial Offences Court
Stunt Driving & Racing — common questions
Can I get my licence back before the 30 days is up?
The 30-day roadside licence suspension is an administrative penalty imposed when you're charged. It runs its full course regardless of the outcome of the court case — but a successful defence of the underlying charge protects you from the far longer suspension that follows conviction.
Is stunt driving a criminal charge?
No. Stunt driving is a provincial offence under Ontario's Highway Traffic Act, not a Criminal Code offence. That said, the penalties are serious — significant fines, possible jail up to 6 months, and long licence suspensions on conviction.
What happens to my car?
The vehicle is impounded for 14 days at the roadside when the charge is laid. You are responsible for the towing and storage costs, and the impound is separate from the driver's licence suspension.
Do I really need a paralegal for a s.172 charge?
You are not required to have representation, but s.172 is one of the most serious HTA charges. The minimum 1-year licence suspension on a first conviction — and the insurance consequences that follow — make skilled defence a straightforward decision for most drivers.