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Criminal Code s.320.13

Dangerous Driving charges in Kingston, 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
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. 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 Kingston

Kingston handles matters from the 401 between Belleville and Brockville. OPP enforcement is heavy through this corridor and stunt-driving charges are common.

Criminal Court

Frontenac County Court House (Ontario Court of Justice)

279 Wellington Street, Kingston, ON K7K 0B5

(613) 548-6811

Kingston and Frontenac County criminal matters.

Charged with dangerous driving?

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