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
Milton Courthouse (Ontario Court of Justice)
Court Phone
(905) 878-7281
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 Burlington
Burlington HTA and Provincial Offences Act matters are heard at the Halton POA Court on Palladium Way. Criminal matters from Burlington proceed at the Halton Region courthouse in Milton on Steeles Avenue.
Criminal Court
Milton Courthouse (Ontario Court of Justice)
491 Steeles Avenue East, Milton, ON L9T 1Y7
(905) 878-7281
All Halton Region criminal matters — Burlington, Milton, Oakville and Halton Hills.
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