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There are two types of excessive speeding / Stunt categories - Residential speeds and Highway Speeds.

Stunt Driving charges, based on speed, is divided into:



- Residential - speeds of 40km or more in posted speeds of under 80km

- Highways - speeds of 80km or more in posted speeds of over 80km



Both versions of Stunt Driving fall under section 172 of the Highway Traffic Act, and have the same potential penalties.  However, there are subtle differences between the two speeding thresholds.  Let's take a closer look.

What is residential speeds and Stunt Driving?

The Stunt Driving law has determined that ANY posted speed limit of under 80 km is considered "residential" and therefore the qualification of Stunt Driving falls to 40 km or more over the posted speed limit.  This is the law, and there is no way to dispute this.  A posted speed limit is a posted speed limit.  Period.  This means that the following excuses do not matter when looking at the details of your case:



- It was a construction zone.  It used to be 80 km but was changed to a lower speed

- The speed changed all of a sudden to less than 80 km

- I was only 10 meters away from an 80 km ore more speed

- There were no houses around - it was not residential

- It was a rural road

- It was an industrial zone

- The roads were empty



The law has removed all of these excuses and reasons.  Bottom line - ANY posted speed limit under 80 km is called "residential".  That's just the way it is.

Is it worse to be caught Stunt Driving in a residential zone?

Initially, there is no significant distinction when you are first charged. Both Highway Stunt charges and residential speeding offences result in a 30-day suspension of your driver's license and the impoundment of your vehicle. The variation may emerge when interacting with a prosecutor, as some courts and prosecutors view residential speeding differently from highway offences.

Bear in mind that prosecutors are often overwhelmed with work and typically don't have the opportunity to examine the specific road where the offence took place. When they see "residential," they might assume that children could have been crossing the street, which may lead them to adopt a more stringent position on your Stunt charge. Stunt Driving charges are taken seriously because they pose a threat to public safety, and this threat could be even more severe if the offence occurred on a residential road where pedestrians are likely to cross.

What do I do if I get a Stunt charge AND I am caught in a residential speed area?

Securing legal assistance is crucial. Stunt Driving is already a serious offence, and it becomes even more complicated when it involves the added challenge of dealing with a frustrated prosecutor due to the offence occurring in a residential speed zone. Your license is in jeopardy, with a potential suspension lasting a minimum of one year. A law firm that specializes in Stunt Driving can provide invaluable aid, offering a complimentary consultation and devising a strategic approach to your case.



https://youtu.be/AxS9qHq_gQk https://www.nextlaw.ca/2023/03/31/stunt-driving-penalties-on-highways-vs-residential-roads/

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