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Criminal Code s.320.13

Dangerous Driving charges in Richmond Hill, 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
Newmarket Courthouse (Ontario Court of Justice)
Court Phone
(905) 853-4801
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 Richmond Hill

Richmond Hill traffic tickets are heard at the York Region Provincial Offences Court on Yonge Street in Newmarket; criminal matters at the Newmarket Courthouse on Eagle Street.

Criminal Court

Newmarket Courthouse (Ontario Court of Justice)

50 Eagle Street West, Newmarket, ON L3Y 6B1

(905) 853-4801

All York Region criminal matters, including Richmond Hill. There is no criminal court in Richmond Hill.

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