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
Frontenac County Court House (Ontario Court of Justice)
Court Phone
(613) 548-6811
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 Kingston
Kingston handles matters from the 401 between Belleville and Brockville. OPP enforcement is heavy through this corridor and stunt-driving charges are common.
Frontenac County Court House (Ontario Court of Justice)
279 Wellington Street, Kingston, ON K7K 0B5 (613) 548-6811
Charged with dangerous driving?
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