Three drivers face stunt-driving charges after OPP stops near Terrace Bay and Red Rock

NIPIGON — REGIONAL NEWS – Three drivers are facing stunt-driving charges after Ontario Provincial Police say officers stopped three separate vehicles within a 59-minute period on highways near Terrace Bay and Red Rock.

The incidents on Oct. 29 included vehicles allegedly travelling at 161 km/h and 150 km/h, along with a dirt bike police say was being used to perform wheelies while passing other traffic.

All three drivers received immediate 30-day driver’s licence suspensions and their vehicles were impounded for 14 days.

None of the charges have been proven in court.

First Driver Allegedly Clocked at 161 km/h Near Terrace Bay

At approximately 4 p.m. Oct. 29, officers with the Schreiber OPP received a traffic complaint concerning a silver Volkswagen on Highway 17 in the Township of Terrace Bay.

Police say the vehicle was reportedly passing unsafely and travelling at high speed.

Officers located the Volkswagen and allege it was travelling at 161 km/h.

Jaxon McGarva, 18, of Scarborough was charged with stunt driving under Ontario’s Highway Traffic Act.

Under Ontario Regulation 455/07, driving at 150 km/h or faster meets the legal definition of a stunt regardless of the posted speed limit. Stunt-driving provisions can also apply when a driver exceeds the speed limit by 50 km/h or more, or by 40 km/h or more where the posted limit is below 80 km/h.

Second Driver Allegedly Travelling at 150 km/h Near Red Rock

About 17 minutes later, at approximately 4:17 p.m., a Nipigon OPP officer observed a grey Toyota Highlander travelling on Highway 11/17 in the Township of Red Rock.

Police allege the vehicle was travelling at 150 km/h.

Amy McCormack, 41, of Thunder Bay was charged with stunt driving.

Ontario law specifically defines driving a motor vehicle at 150 km/h or more as stunt driving.

Dirt Bike Rider Charged After Alleged Wheelies

The third incident occurred at approximately 5 p.m.

Nipigon OPP say an officer observed a dirt bike travelling at high speed on Highway 628 in Red Rock Township, passing other vehicles and performing wheelies.

Police allege the rider continued performing wheelies after entering the Town of Red Rock.

A 16-year-old driver was charged with stunt driving and other Highway Traffic Act offences. The OPP did not identify the youth in its release.

A wheelie can itself qualify as stunt driving under Ontario law. Regulation 455/07 specifically includes operating a motorcycle in a manner intended to lift its tires from the highway, including riding with only one wheel in contact with the road.

Police also reported seeing a similar-looking dirt bike travelling on Highway 628 at night without lights during the previous several weeks. The OPP release does not establish that the earlier motorcycle was being operated by the same person.

What Does a Stunt-Driving Charge Mean in Ontario?

Stunt driving is an offence under section 172 of Ontario’s Highway Traffic Act. It is a provincial traffic offence rather than a Criminal Code charge, although the consequences can be substantial.

Police can impose immediate roadside sanctions before the case is heard in court.

For a driver charged with stunt driving, those sanctions include:

• an immediate 30-day driver’s licence suspension; and
• an immediate 14-day vehicle impoundment, regardless of whether the driver owns the vehicle.

Those sanctions are administrative measures and do not amount to a finding of guilt.

If convicted in court, Ontario says a driver can face a fine of $2,000 to $10,000, six demerit points, a mandatory driver-improvement course and as much as six months in jail.

A conviction also carries a separate post-conviction licence suspension.

For a first conviction, the suspension is between one and three years.

A second conviction can result in a suspension of three to 10 years. A third conviction can lead to a lifetime suspension that may be reduced after 10 years under specified circumstances, while a fourth or subsequent conviction can result in a lifetime suspension that cannot be reduced.

Insurance consequences can also be significant following a conviction.

Why 150 km/h Automatically Triggers Stunt-Driving Provisions

Ontario strengthened its stunt-driving rules following repeated concerns about extreme speeding.

Current provincial rules mean a driver travelling 150 km/h or faster can be charged with stunt driving anywhere in Ontario, including on highways where the posted speed limit is 110 km/h.

Stunt driving is not limited to speeding.

The legislation also captures conduct including street racing, deliberately preventing another vehicle from passing, intentionally cutting off another road user and several forms of dangerous vehicle manoeuvres. The regulation specifically identifies motorcycle wheelies as a stunt.

Drivers Scheduled to Appear in Court

The OPP say all three drivers are scheduled to appear before the Ontario Court of Justice at later dates.

Police are reminding motorists that aggressive and high-risk driving puts other highway users at risk and say enforcement will continue.

Anyone who observes driving that creates an immediate danger to the public can contact 911. Drivers should not attempt to follow or confront an aggressive motorist and should make any call only after safely pulling off the roadway or through a passenger.

All individuals charged with an offence are presumed innocent unless and until proven guilty in a court of law.