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
Orangeville Courthouse (Ontario Court of Justice)
Court Phone
(519) 941-0231
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 Caledon
Caledon traffic and Provincial Offences Act matters from Caledon OPP and the Town of Caledon bylaw are heard at the Caledon POA Court on Old Church Road. Criminal matters from Caledon proceed at the Orangeville Courthouse on Louisa Street.
Criminal Court
Orangeville Courthouse (Ontario Court of Justice)
10 Louisa Street, Orangeville, ON L9W 3P9
(519) 941-0231
Criminal matters from Caledon and Dufferin County.
Charged with dangerous driving?
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