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Stunt Driving penalties in Ontario - The MOMS Act just made it harder.  Here are the facts...

As of June 3, 2021, the Moving Ontarians More Safely (MOMS) Act just got the Royal Assent in the legislature, and became law. The Schedule amends the Highway Traffic Act, specifically, Section 172(1) - which deals with Stunt Driving or Racing charges in Ontario.

The Act is amended with respect to racing motor vehicles on highways and includes the following amendments:

More specifically, this changes the following:



- Subsection 172 (2) is amended to require a mandatory licence suspension if convicted of an offence under subsection 172 (1).

- Section 172 is amended to change the duration of the administrative impoundment of a vehicle from seven days to 14 days and to change the duration of a licence suspension from seven days to 30 days.



Let's take a closer look in plain english...

Roadside License Suspension

When you are pulled over at roadside by the officer issuing a Stunt Driving ticket or summons, prior to June 3, you would get an automatic 7-day license suspension.  This means that you would have to organize a ride from where you were pulled over, and you cannot operate a motor vehicle for a period of 7 days.

Under the new MOMS Act, the 7-day license suspension is increased to a massive 30-day license suspension.  This means that for 30 days after receiving the ticket, you are not permitted to operate a motor vehicle.  In fact, if you are caught operating a motor vehicle during this 30-day administrative suspension, you can be charged with another serious offence - Driving While Under Suspension, which carries a further 6-month suspension, fines and potential jail time.

Vehicle Impound

Prior to June 3, 2021, once issued the Stunt or Racing charge at the roadside, along with the license suspension, your vehicle would be towed and impounded for 7 days.  With the new MOMS Act, this has now increased to 14-days.  This means that you will have to arrange to have your car picked up from impound and pay 14-day fees to the tow yard.

Even more difficult, is that your license will be suspended for 30-days, so you will not be able to drive the vehicle back home in the 14 days.  You will need the assistance of someone with a valid driver's license.  Otherwise, you run the risk of leaving the car and having to pay a 30-day impound fee, which could costs thousands of dollars.

Mandatory Minimum License Suspension on sentencing

Prior to June 3, 2021, license suspension ranged from zero to 2 years.  This was at the discretion of the prosecutor.  So it was possible to get a stunt conviction with a minimum fine and no license suspension.

The MOMS Act now includes a mandatory minimum suspension for a first offence of 1 - 3 years.  Yes, that means that upon conviction of Stunt Driving or racing, you will get a mandatory minimum of 365 days of license suspension.  In fact, it could go as high as 3 years, where you cannot operate a motor vehicle in Ontario.

So what do I do next?

The most important thing to do now is get legal advice.  The penalties are now so harsh, that it puts Stunt Driving charges on a similar playing field as a criminal DUI charge.  Losing your license for a year could mean no ability to work or take care of your family.

The days of hiring a local legal representative for affordable traffic offences are over.  You need a law firm that will treat this as serious as a DUI.  Your license is on the line and you need the best defence possible.



https://youtu.be/p8R2q8ZW1r4 https://www.nextlaw.ca/2021/06/14/stunt-driving-penalties-ontario-moms-act/

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