Dangerous Driving Charge Ontario: What You Need to Know
Dangerous driving is a serious offence in Ontario that can result in a criminal record and severe penalties. As experienced traffic lawyers, we have seen the devastating consequences of dangerous driving on Ontario roads, including severe accidents and fatalities.
So, in this article, we will provide an overview of dangerous driving in Ontario, including its legal definition, examples of hazardous driving actions, and the potential consequences and penalties for individuals charged with this offence.
What is the Dangerous Operation of a Motor Vehicle in Ontario?
Dangerous driving is a criminal offence under section 320.13(1) of the Criminal Code of Canada. This charge is applied when someone operates a motor vehicle in a manner that is dangerous to the public, given all the circumstances.
It can occur in places where people are likely to be present, such as schools, parking lots, and shopping malls. Notably, the presence of other individuals is not required for the offence to be committed.
To prove the charge of dangerous driving, the police and prosecution must demonstrate that the driver intended to commit the crime. This means that the driver knew or ought to have known that their actions could result in harm to others.
The charge becomes more severe if bodily injury or death is caused, referred to as dangerous driving causing bodily harm or dangerous driving causing death Canada.
Do not confuse this offence with a careless driving charge (the provincial offence under the Highway Traffic Act).
The difference between careless and dangerous driving is primarily based on the degree of danger posed to others on the road. While careless driving is typically unintentional and may result in minor or no injuries, dangerous driving is a more serious offence that involves a deliberate disregard for the safety of others and can lead to severe injuries or fatalities.
What is Considered Dangerous Driving in Ontario
Dangerous driving examples may include:
- excessive speeding or racing;
- driving under the influence of drugs or alcohol;
- distracted driving (such as using a cell phone or eating while driving);
- aggressive driving, such as tailgating or weaving in and out of traffic;
- ignoring traffic signals or signs;
- failing to yield to other cars or pedestrians;
- driving recklessly or carelessly;
- driving with a mechanical issue that impairs the ability to operate the vehicle safely;
- failing to maintain the car properly, such as driving with worn-out brakes or tires, etc.
Is dangerous driving a criminal offence in Ontario?
Yes, dangerous driving is a criminal offence in Ontario, Canada, as well as in other jurisdictions. As mentioned, it is considered a criminal offence under the Criminal Code of Canada, section 320.13.
Dangerous Driving Causing Bodily Harm – Criminal Code
Dangerous driving causing bodily harm is a criminal offence in Ontario, defined in section 320.13(2) of the Criminal Code of Canada as the operation of a motor vehicle in a manner that is dangerous to the public, resulting in bodily harm to another person.
For a conviction of this offence, the prosecution must establish beyond a reasonable doubt that the accused operated a motor vehicle in a hazardous manner resulting in bodily injury to someone. Additionally, the prosecution must demonstrate that the accused either intended to commit the offence or acted negligently with a disregard for the safety of others.
Dangerous Driving Causing Death Ontario
Dangerous driving causing death is a grave criminal offence in Ontario under section 320.13(3) of the Criminal Code of Canada. And defined as operating a motor vehicle in a manner that endangers the public, resulting in the death of another person.
In order to secure a conviction for a dangerous operation causing death, the prosecution needs to furnish substantial evidence to prove that the accused operated a motor vehicle in a reckless manner, exhibiting utter disregard for the safety of others, which resulted in the death of other people. They must also prove that the accused intended to commit the offence or acted negligently.
Dangerous Driving Criminal Code Penalty:
- lifelong criminal record
- mandatory driving licence suspension for one year
- imprisonment: up to 5 years
- a fine from $1,000 up to $10,000
- 6 demerit points on the driver’s licence
- criminal probation
- increased insurance premiums for a minimum next 5 years
Please note that a criminal record can impact future employment and travel opportunities.
Important: the penalties for the dangerous operation of a conveyance can vary depending on the specific circumstances of the offence, and the judge may consider aggravating or mitigating factors when determining the sentence.
Penalties for dangerous driving causing bodily harm Ontario:
- lifelong criminal record
- mandatory driving licence suspension for one year
- driving prohibition: up to 10 years or more
- imprisonment: up to 14 years
- a fine from $1,000 up to $10,000
- 6 demerit points on the driver’s licence
- criminal probation
- increased insurance premiums for a minimum next 5 years
Important: these penalties are subject to the judge’s discretion. They may vary depending on the severity of the offence, the degree of bodily harm caused, and any aggravating factors present in the case.
Penalties for dangerous driving causing death Criminal Code:
- lifelong criminal record
- mandatory driving licence suspension for one year
- driving prohibition: up to 10 years or more
- imprisonment: for a maximum of life or a minimum of one year if the Crown proceeds summarily
- a fine from $1,000 up to $10,000
- 6 demerit points on the driver’s licence
- criminal probation
- increased insurance premiums for a minimum next 5 years
Important: the severity of the penalties can depend on the circumstances of the case, such as the level of recklessness displayed by the driver, whether the driver was impaired by drugs or alcohol, and the degree of harm caused. The court will take these factors into account when determining an appropriate sentence.
How to fight dangerous driving charge in Ontario?
If you have been charged with dangerous driving in Ontario, it is highly recommended to hire a criminal lawyer. It is a severe offence with significant consequences, including a criminal record, jail time, fines, and a driver’s licence suspension.
At X-COPS, we understand the profound implications that a dangerous driving charge can have on your life. That’s why we are committed to fighting for our clients to save their driver’s licence from suspension and avoid a criminal record.
Our expert team has years of practical and legal experience defending drivers charged with dangerous driving. We offer a FREE consultation to discuss your case and answer any questions you may have, explaining how we can help you navigate this challenging situation.
As experienced dangerous driving lawyers in Ontario, we know that many dangerous driving charges can be reduced to careless driving through careful legal analysis and negotiation. However, we only pursue this outcome after thoroughly investigating all options for dismissing the dangerous driving charge entirely.
When dangerous driving is reduced to careless driving, it can favour the driver because there is no criminal record associated with it and no mandatory driver’s licence suspension.
What we provide:
- Legal support at all stages of the legal process
- Development of an individual defence strategy tailored to your case
- Representation in court and at trials
- Trial preparation, if applicable
- Handling all paperwork and documentation associated with your case
In case you are facing charges of dangerous driving in Ontario, we encourage you to call X-COPS to discuss your legal representation options. We are dedicated to fighting for your rights and helping you achieve the best possible outcome in your case.