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Criminal Code s.320.13

Dangerous Driving charges in Milton, 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
Milton Courthouse (Ontario Court of Justice)
Court Phone
(905) 878-7281
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 Milton

Halton Region criminal matters are heard at the Milton courthouse on Steeles. Halton POA charges from Burlington, Oakville, Milton, and Halton Hills are handled at the Halton Provincial Offences Court on Palladium Way in Burlington.

Criminal Court

Milton Courthouse (Ontario Court of Justice)

491 Steeles Avenue East, Milton, ON L9T 1Y7

(905) 878-7281

All Halton Region criminal matters — Milton, Burlington, Oakville and Halton Hills.

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