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Criminal Code s.320.13

Dangerous Driving charges in Burlington, Ontario.

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, mandatory minimum fine on first offence, possible driving prohibition. On indictment: up to 10 years (14 if causing bodily harm; life if causing death). 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 Harvester Road. Criminal matters from Burlington proceed at the Halton Region courthouse in Milton on Steeles Avenue.

Milton Courthouse (Ontario Court of Justice)

491 Steeles Avenue East, Milton, ON L9T 1Y7
(905) 878-7281

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