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Criminal Code s.320.13

Dangerous Driving charges in Ottawa, 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
Ottawa Courthouse (Ontario Court of Justice)
Court Phone
(613) 239-1255
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 Ottawa

Ottawa hears matters from Ottawa Police, OPP, and RCMP traffic across the National Capital Region. We make regular trips and accept retainers Ontario-wide.

Ottawa Courthouse (Ontario Court of Justice)

161 Elgin Street, Ottawa, ON K2P 2K1
(613) 239-1255

Charged with dangerous driving?

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