Operating a motor vehicle in a manner dangerous to the public — a Criminal Code offence distinct from the HTA's careless driving. Hybrid; on summary election within paralegal scope.
Courthouse
Barrie Courthouse (Ontario Court of Justice)
Court Phone
(705) 739-6111
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 Barrie
OPP Central Region patrols the 400 corridor heavily — Barrie sees a high volume of stunt driving and speeding matters from Highway 400 and Highway 11. Summary criminal matters proceed at the Barrie courthouse on Mulcaster Street.
Criminal Court
Barrie Courthouse (Ontario Court of Justice)
75 Mulcaster Street, Barrie, ON L4M 3P2
(705) 739-6111
Barrie and Simcoe County criminal matters.
Charged with dangerous driving?
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