Quick Answer — Toronto
Point Duty defends dangerous driving charges under Criminal Code s.320.13(1) — a criminal offence, not a Highway Traffic Act one, requiring proof of a marked departure from the care a reasonable driver would show. Conviction brings a criminal record, a possible driving prohibition, and up to two years less a day summarily. A licensed paralegal can act on a summary election; where the driving is alleged to have caused bodily harm or death, the charge falls outside paralegal scope and is referred to a lawyer.
Dangerous driving and careless driving sit close together, and at the Toronto courthouse on Armoury Street what usually pushes police to lay the criminal charge is the seriousness of the driving and whether anyone was hurt — but the Crown has to prove more than bad driving. It has to prove a marked departure from what a reasonable driver would have done, which is the line between the Criminal Code offence and the Highway Traffic Act one, and Toronto officers will often lay both at once — dangerous driving paired with a stunt driving ticket is a common sight — expecting the criminal charge may come down to the ticket in the end. The Crown's evidence usually comes direct from the police; where a member of the public is the one who complained, identity and whether the driving really met the threshold are harder to prove. So the first thing Point Duty Traffic Court Defence and Legal Services reads the disclosure for is whether the Crown has enough to take away a client's driving privileges: a prohibition order stops you driving anywhere in Canada, and where no prohibition is made the MTO will generally impose an administrative suspension once it is notified of the conviction, with the insurance consequences on top.
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.
Toronto runs three Provincial Offences courts, not one — Toronto South on Front Street East, Toronto East on Markham Road, and Toronto West on Eglinton Avenue West. Which one hears your ticket is set by where it was issued. Summary criminal charges go to the Toronto Courthouse at 10 Armoury Street. We appear at all four.
10 Armoury Street, Toronto, ON M5T 0C2
(416) 327-5707
All Toronto criminal matters. Consolidated the former Old City Hall, College Park, 1000 Finch West, 2201 Finch West, 1911 Eglinton East and 311 Jarvis courthouses in March 2023.
Local practice notes reviewed 2026-09-01
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.
