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Stunt Driving charges in Ontario can catch many drivers off guard, extending far beyond public roads and highways to include parking lots and other private spaces. Under Section 172 of the Highway Traffic Act, Stunt Driving laws apply to any area "open to the public," regardless of private ownership or time of day. This comprehensive guide explores the crucial distinction between truly private property and publicly accessible spaces, details common offences that lead to charges, and outlines the severe penalties you face. Whether you've been charged for performing stunts in a mall parking lot or engaging in dangerous driving maneuvers on commercial property, understanding these laws is essential for protecting your rights and navigating the legal consequences.

Understanding Private vs. Public Spaces

Under Ontario law, private property and publicly accessible spaces are fundamentally different. Publicly accessible spaces are those that can be used by the general public, even if they are not owned by the government or a public entity. This means that even an empty parking lot, if it's open to the public, can be grounds for Stunt Driving charges.

Key Legal Distinction

The Highway Traffic Act applies to any area that is "open to the public," including:



- Shopping mall parking lots

- Hospital grounds

- School properties

- Any privately owned space accessible to the general public



Common Stunt Driving Offences

The following activities on publicly accessible property constitute Stunt Driving under Section 172 of the Highway Traffic Act:

Vehicle Maneuvers



- Tire burnouts and intentional loss of traction

- Performing doughnuts or drifting

- Operating vehicles from outside the driver's seat

- Wheelies or lifting tires from the surface



Dangerous Behaviors



- Carrying passengers in the trunk

- Disregarding road conditions

- Careless driving that endangers others



Recent Client Case

Last weekend, a young client contacted our office after being charged with Stunt Driving in a Scarborough Mall parking lot at 11 PM. He explained that he thought it was safe to practice drifting since the mall was closed and the parking lot was completely empty.



"I honestly thought it was okay since it wasn't a real road and no one was around," he explained. The police showed up and charged me with Stunt Driving. I had no idea I could get charged here - I thought these laws only applied to actual streets."



This case illustrates a common misunderstanding about Stunt Driving laws. The client faced the full range of penalties, including:



- Immediate roadside vehicle impoundment

- 30-day license suspension

- A court date with potential penalties identical to highway Stunt Driving charges



Despite the parking lot being empty, the property's public accessibility meant full enforcement of Stunt Driving laws applied. The outcome was as severe as the offence on a major highway.

Penalties and Consequences

The severity of Stunt Driving charges remains consistent regardless of location or circumstances:

Immediate Penalties



- License suspension: 30 days

- Vehicle impoundment: 14 days

- Minimum fine: $2,000

- Maximum fine: $10,000



Post-Conviction Consequences



- License suspension: 1-3 years

- 6 demerit points

- Possible jail time of up to 6 months

- Mandatory driver improvement course



Legal Defence

The "empty parking lot" defence does not protect against Stunt Driving charges. The law applies equally whether or not others were present during the offence. Professional legal representation is crucial given the serious nature of these charges and their potential impact on your future. Having a knowledgeable and experienced legal team on your side can provide reassurance and support during this challenging time.



Remember that Stunt Driving charges on public-access property carry the same weight as those on highways or streets. The key factor is public accessibility, not ownership or current space occupancy.



https://youtu.be/Net3gNY64ps https://www.nextlaw.ca/2023/03/24/can-i-be-charged-with-stunt-driving-on-private-property-in-ontario/

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