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
London Courthouse (Ontario Court of Justice)
Court Phone
(519) 660-3000
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 London
London serves Middlesex County and the 401 corridor between Toronto and Windsor. We accept files Ontario-wide and travel to London regularly.
Criminal Court
London Courthouse (Ontario Court of Justice)
80 Dundas Street, London, ON N6A 6A3
(519) 660-3000
London and Middlesex County criminal matters.
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