Police in some parts of Canada are targeting stunt driving in response to a reported increase during the COVID-19 pandemic. Although traffic has drastically fallen during the outbreak, drivers in B.C. should still be conscious that police are looking out for people driving in an unsafe way.
This blog will explore what constitutes stunt driving, what its punishments are and what defences might be available to you if you are ever charged with the offence.
What is stunt driving?
Stunt driving is defined under the Motor Vehicle Act as:
“Circumstances in which, taking into account the condition of the highway, traffic, visibility and weather, the driver or operator of a motor vehicle is driving or operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that is likely to cause harm to an individual or likely to distract, startle or interfere with users of the highway…”
Any of these acts constitute stunt driving:
- causing any or all of the motor vehicle’s tires to lift from the road surface
- causing the motor vehicle to lose traction while turning the motor vehicle
- driving the motor vehicle in a manner to cause the motor vehicle to spin
- driving the motor vehicle in a lane intended for oncoming traffic for longer than necessary to pass another vehicle
- slowing or stopping the motor vehicle in a manner that prevents other motor vehicles from passing or in a manner that blocks or impedes other motor vehicles
- without justification, driving as close as possible to another motor vehicle, a pedestrian, or a fixed object
It’s basically driving like a jerk.
Penalties for stunt driving
If a driver has engaged in any of the above activities, they will usually have other charges, such as speeding, excessive speeding, driving without due care and attention or careless driving. If convicted of any of these offences, the driver will receive punishments ranging from fines and penalty points to a possible jail term in the most extreme examples.
If a peace officer suspects a person has engaged in stunt driving and they intend to charge them with careless driving, speeding or excessive speeding, they are required to impound their vehicle. The length of the impoundment ranges from a minimum of seven days for a first infraction to 30 days for a second infraction and 60 days for a third or higher infraction.
As well as having your vehicle taken away, the peace officer will also issue a driving prohibition for a minimum of three months.
What to do if you have received a driving prohibition
If you have been issued a driving prohibition, you are entitled to challenge it, but you must file your application for review within seven days. Time is of the essence. It is recommended that you speak to a lawyer to help you with your review.
Acumen Law successfully challenges driving prohibitions for our clients. You can call us today for a free consultation on 604-685-8889.