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The legal concepts of “Race”, “Contest” and “Stunts” under the HTA are defined in its regulations, which include where two or more motor vehicles are driven at a speed that is at a marked departure from the lawful rate of speed and in a manner of engaging in a competition. It also includes chasing another vehicle, driving without due care and attention or consideration for other people using the highway. Another example is 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.

“Stunt” is uniquely defined under the regulation. Apart from the common understanding of stunt, believe it or not, it also includes the following driving behaviors:

  1. driving a motor vehicle with a person in the trunk of the motor vehicle;
  2. driving a motor vehicle while the driver is not sitting in the driver’s seat;
  3. driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit;
  4. 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 by:
    1. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
    2. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
    3. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or
    4. making a left turn where,
      1. the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;
      2. at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and
      3. the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle.

The offences under this category are very serious as they carry roadside punishments, such as a seven day administrative suspension of your driver’s licence and a seven-day vehicle impoundment both to be imposed on site and neither can be appealed. For a detailed explanation of administrative suspensions, please refer to the section “Administrative Driver’s Licence Suspension (ADLS)”. For detailed explanation about vehicle impoundments, please refer to “Vehicle Impoundment”.

You will be charged and receive a ticket, more accurately, a summons which requires you to appear in court to deliver your defence or enter a guilty plea. It is then up to the court to impose further penalties.

If found guilty, you will also be fined between $2,000.00 and $10,000.00, imprisoned up to six months or subject to a combination of both. The following table is a detailed explanation of the penalties:

Conviction/ Offence
Penalties *
Demerit PointsAdministrative Suspension (Roadside)Discretional SuspensionAdministrative Impoundment (Roadside)FineImprisonment
Racing, Contesting or Performing Stunts67 daysFirst conviction: less than 2 years
A subsequent conviction: less than 10 years
7 daysBetween $2,000 and $10,000Not more than 6 months
* On conviction, the penalty can be both fine and imprisonment.
* A subsequent conviction is based on convictions and not commission of the offence. The time limit is 10 year period.
* In construction zones or community safety zones, the minimum fines will be doubled.

Following a conviction of racing, contesting or performing stunts, 6 demerit points will be applied where there is no licence suspension imposed on conviction. For detailed information about how the demerit point system works, please refer to “Demerit Points”.

The conviction will be kept on your driving record for at least 10 years. Insurance premiums will be increased for several years and you might even be disqualified from your existing insurance coverage. For information about how traffic tickets impact your insurance, please refer to the section “Insurance Premiums”.

It is always recommended to fight the charge. Since it is a strict liability offence, a defence of due diligence is available. There is also a defence available on a case by case basis:

  1. You may choose to plead guilty to the less serious offence of “Speeding” should it be offered by the prosecutor. For detailed information about speeding, please refer to the section “Speeding”.
  2. You may choose to plead guilty to the less serious offence of careless driving should it be offered by the prosecutor. For detailed information about careless driving, please refer to the section “Careless Driving”
  3. You may plead not guilty and leave the responsibility to the prosecution to prove, beyond a reasonable doubt, that you were driving in a pre-arranged race or with observed repetition of conduct. Any reasonable doubt regarding the facts of the case can result in an acquittal.

For other possible general defence, please refer to the section “General Defence for Traffic Tickets”.

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Some of Our Google Reviews

I had my first trouble with law couple of months and we found Edmund Chang. He helped me through all the process professionally moreover, he really cares about my best interest, he will check if I comfortable with all decisions we were going to make and if not, he will not push it. Other things that really stand out, he is approachable as well as responsive to follow up. In the end, we settled the case and I can move more
Krystal Stacy
17:19 15 Jun 18
I was charged with over 0.80 and Impaired Driving charges. I didn't think I had any chance, but Justin Marchant managed to get me out with a careless driving charge. Thanks to him, I don't have a criminal record!!! Very friendly, sharp, professional, and dedicated individual. He did a great job prepping me for the trial, and prepping for the case. I highly recommend this firm, as if it wasn't for them, I'm not sure what would have happened to my life. I made a nasty mistake, one which I will never ever make again. Some lessons have a big price to be more
Sean Jamali
15:20 07 Jun 18
Recently I was charged with over .80, Justin Marchand help me WIN this charge, from the moment I contacted him, he was very professional and upfront, He always responded to my calls and answered all my questions, He prepared me really well before trial. I would 100% recommend him and his team, Job Well done… “Sometimes good people make mistakes”read more
17:16 07 Jun 18
Mr. Marchand is an amazing lawyer. He is very personable and professional. My case was a very long and drawn out case, but Mr. Marchand always kept up with everything and I was always well informed. I really appreciated that he would take the time to fully explain his thought process/strategy and was never condescending. Even though this was a stressful time, Mr. Marchand made it a great experience and took care of more
Rochelle Jenifer
17:30 15 Jun 18
Once again amazing ! I am writing this review as I always refer my friends to this firm. THEY ARE THE BEST ! My friend was pulled over at the us border on a random check and in turn got charged with a refusal. My friend did not know that refusing to take a breathalyzer was a criminal offence. In fact as soon as he realized it he asked the officers to take it but they refused him. In turn he was charged with a refusal. Aitken Robertson specializes in DUI and cases such as this.. so it was an immediate call to them that i put in for him. Right then and there they took over. As usual, they offered a payment plan and of course they took care of everything all the pre-trial meetings etc. Justin was the laywer for him and not only is he the MOST thorough he is the most out for justice. He found the errors that the officers made and he used it to my friends advantage. He went above and beyond to find the best resolution with the crown. He went above and beyond to give my friend all his options. And the best part is that NO CRIMINAL CHARGES. It was reduced basically down to a speeding ticket as a result of Justins hard work. The whole firm is stellar. They take time to go through your disclosure to confirm any and all details are correct.The justice system is a corrupted one and im thankful these lawyers know how to find a way to help us through that. Justin once again did an amazing job. Susan at the firm is great she helps out with payment plans etc. Brenda is great. Robert of course its just a great team of laywers. Do not go anywhere else ! I will recommend them time and time more
19:28 26 Jun 18
When my daughter's boyfriend had a problem I looked up Jordan Tekenos-Levy. Jordan did an amazing job defending this young man. He showed compassion and care in a very sensitive issue. Jordan is a great lawyer, he fights hard for his clients and ensures their loved ones are kept in the loop during the entire process. He is honest and doesn't sugar coat the situation. I would highly recommend his services. We owe him a huge debt of gratitude and I wish him all the best in the more
Laurene Smith
02:58 16 Nov 18
I was falsely accused of a crime and I sought out representation. I did not know exactly where to go, I was in a panic as I've never seriously run afoul with law enforcement. Mr. Nathan Baker and his staff were assigned to my case, and I am thankful that they were. Knowing I was innocent I still was worried about how everything was going to play out as I wondered 'how could this even be happening'. Mr Baker and his staff helped walk me through the court process that was completely unfamiliar to me, besides what Id seen on television. It was a two year process, and every step of the way all my questions and inquisitions were answered and put at ease. I give this Firm my full endorsement, they believed in me, supported my case and followed through on every detail pertaining to it, and defended me to a correct Not Guilty verdict. For that I will be forever grateful. I've never had the need for an attorney to represent me before the false accusation, and I hope I never need it again. But if I do, I'd want this firm to represent more
Zak Piva
03:06 28 Oct 18
I would like to thank the lawyers at Aitken Robertson especially Philip Stiles and Lavina Inbar for helping me thru this most difficult time.Everyone i was in contact with were very polite and professional.Being a very high stress time of my life i could not have been happier to hear a "Not Guilty " verdict.I will always recommend Aitken Robertson to anyone i hear of needing a good lawyer.Thank you all very muchMauriceread more
Maurice Flight
20:22 31 Oct 18
Justin provided thorough and caring representation for my friend who had a court proceedings. I would recommend Justin and the Aitken Robertson team to anyone in a similar situation. Thanks!
Rexy H
19:26 08 Sep 18
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