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.
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.
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.
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.
Hamilton serves Hamilton, Ancaster, Dundas, Stoney Creek, and Flamborough. Summary criminal matters proceed at the John Sopinka Courthouse; HTA and POA matters at the Main Street East Provincial Offences court.
John Sopinka Courthouse (Ontario Court of Justice)
45 Main Street East, Hamilton, ON L8N 2B7
(905) 645-5252
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
