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When you were charged under Section 172 of the Highway Traffic Act, the officer may have indicated that you were either Stunt Driving, racing, or using excessive speed. Although they seem like different charges, they are all the same, because they all fall under Section 172 and have the exact same penalties.  Some officers indicate the exact method of charging you, and some don't.  But it all equals Stunt Driving charges in the court. Let's investigate.

Stunt Driving

Stunt Driving, according to section 172 of the Highway Traffic Act, has more than 8 different way in which you can be charged, including, but not limited to,



Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.



Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.



This would be most people's literal definition of Stunt Driving.  However, in these 8 different ways in which you can be charged in Ontario, one of them is a speed in excess of 50 km on a posted speed limit of 80 km or more.  Or, 40 km or more in a posted speed limit of less than 80 km.

Racing



- 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.

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

- 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...



Excessive Speed



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

- 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

- 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.



Bottom line.  You are fighting the same charge and the same penalties.

Get help from a law firm that specializes in Stunt Driving charges, because the risks of any version of Section 172 include the 1-3 license suspension, fines, possible jail and more.



https://youtu.be/CeqLCc5PTNI https://www.nextlaw.ca/2023/01/02/stunt-driving-vs-excessive-speed-vs-racing-whats-different/

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