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Criminal Code s.320.13

Dangerous Driving charges in Peterborough, Ontario.

Operating a motor vehicle in a manner dangerous to the public — a Criminal Code offence distinct from the HTA's careless driving. Hybrid; only the simpliciter offence at s.320.13(1) is within paralegal scope, on a summary election.

Courthouse
Peterborough Courthouse (Ontario Court of Justice)
Court Phone
(705) 876-3846
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 Peterborough

Peterborough criminal matters and Provincial Offences trials are both heard at the courthouse on Simcoe Street. The City's Provincial Offences office at City Hall handles filings and payments — it is not where trials are held.

Criminal Court

Peterborough Courthouse (Ontario Court of Justice)

70 Simcoe Street, Peterborough, ON K9H 7G9

(705) 876-3846

Peterborough city and county criminal matters.

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