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Criminal Code s.320.13

Dangerous Driving charges in Oshawa, 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
Durham Region Courthouse (Ontario Court of Justice)
Court Phone
(905) 743-2600
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 Oshawa

Durham Region summary criminal matters (Pickering, Ajax, Whitby, Oshawa) are heard at the Durham courthouse on Bond Street in Oshawa. HTA tickets and POA matters from Durham Regional Police and OPP East are routed to the Rossland Road POA office in Whitby.

Durham Region Courthouse (Ontario Court of Justice)

150 Bond Street East, Oshawa, ON L1G 0A2
(905) 743-2600

Charged with dangerous driving?

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