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.
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.
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.
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.
St. Catharines criminal matters are heard at the St. Catharines courthouse on Church Street. Provincial offences from across Niagara Region, St. Catharines included, are heard at the Niagara Region POA court in Welland.
59 Church Street, St. Catharines, ON L2R 7N8
(905) 988-6200
North Niagara criminal matters. South Niagara matters are heard at the Welland courthouse on East Main Street.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
