Stunt Driving in Ontario: What s.172 Means for You

Section 172 of the Highway Traffic Act covers a much wider range of behaviour than the name "stunt driving" suggests. You don't have to be racing anyone. Driving 40 km/h or more over the speed limit in an 80 km/h zone, or 50 km/h over in any zone, qualifies. So does excessive weaving, preventing another vehicle from passing, or driving with a passenger in the trunk.

What Happens at the Side of the Road

When an officer charges you under s.172, the consequences start immediately. Your licence is suspended on the spot for 30 days, your vehicle gets towed and held for 14 days at your expense, and you're issued a Provincial Offences Act summons to appear in court. Towing and storage fees alone typically run between $500 and $1,500.

What a Conviction Actually Costs You

• 6 demerit points
• Fine between $2,000 and $10,000
• Licence suspension of 1 to 3 years on a first conviction, up to 10 years on a second
• Possible imprisonment for up to 6 months
• Mandatory driver education program

Why You Should Fight This

With minor speeding tickets, some people decide to just pay the fine and absorb the insurance hit. That calculation does not work with s.172. Stunt driving convictions are catastrophic for insurance. Rates can go up 100 to 300% or your policy may be cancelled entirely. Most major insurers treat an s.172 conviction the same way they treat a DUI.

Common defences include challenging the radar or lidar calibration records, the officer's observation notes, or the speed calculation method. Many charges also get reduced to a lesser speeding offence through early resolution meetings with the Crown.

The 14-Day Impoundment

You cannot get your vehicle back during the 14-day impoundment period, even if you later win in court. Storage fees accumulate daily and you're responsible for paying them. Courts rarely reimburse these costs even on acquittal. Factor that into your thinking when weighing whether to fight the charge.