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Criminal Code s.320.13

Dangerous Driving charges in Guelph, Ontario.

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
Guelph Courthouse (Ontario Court of Justice)
Court Phone
(519) 826-4431
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 Guelph

Guelph and Wellington County criminal matters are heard at the Guelph Courthouse on Wyndham Street South. Provincial offences from Guelph Police, OPP Wellington County and municipal enforcement are heard at the Guelph Provincial Offences Court on Carden Street.

Criminal Court

Guelph Courthouse (Ontario Court of Justice)

36 Wyndham Street South, Guelph, ON N1E 4M6

(519) 826-4431

Guelph and Wellington County criminal matters. The Woolwich Street courthouse handles civil, family and small claims, not criminal.

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