Operating a motor vehicle in a manner dangerous to the public — a Criminal Code offence distinct from the HTA's careless driving. Hybrid; only the simpliciter offence at s.320.13(1) is within paralegal scope, on a summary election.
Courthouse
Durham Region Courthouse (Ontario Court of Justice)
Court Phone
(905) 743-2600
Consultation
Free & Confidential
i.
What the charge means
Section 320.13 of the Criminal Code prohibits operating a conveyance in a manner that, having regard to all the circumstances, is dangerous to the public. The standard is a marked departure from the conduct of a reasonable person.
ii.
Penalties
Hybrid offence. On summary election: up to 2 years less a day. On indictment: up to 10 years. A driving prohibition is available at the court's discretion. Where the driving causes bodily harm the maximum rises to 14 years on indictment; where it causes death, life imprisonment. A finding of guilt creates a criminal record.
iii.
Available defences
Conduct did not constitute a marked departure from the norm
Mechanical failure or sudden unexpected emergency
Identification of the driver
Charter — unlawful stop, search, or detention
iv.
The process
If Crown elects summary, the matter is within paralegal scope. If Crown elects indictment, we refer to a barrister from our network. Disclosure review and Crown pre-trial often clarify the election early.
v.
Notes for Ajax
Ajax traffic tickets are heard at the Durham Provincial Offences Court in Whitby; criminal matters at the Durham Region Courthouse in Oshawa.
Criminal Court
Durham Region Courthouse (Ontario Court of Justice)
150 Bond Street East, Oshawa, ON L1G 0A2
(905) 743-2600
All Durham Region criminal matters, including Ajax.
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