This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.
Dangerous driving, formally dangerous operation of a conveyance, is a criminal offence under section 320.13(1) of the Criminal Code. Unlike a speeding ticket or careless driving charge under Ontario's Highway Traffic Act, dangerous driving is a crime that produces a criminal record. The central battleground in these cases is the legal standard: the Crown must prove not just bad driving, but driving that was a marked departure from what a reasonably prudent driver would have done, and the Supreme Court of Canada has repeatedly held that momentary lapses and ordinary carelessness do not meet that bar.
What is dangerous driving under Canadian law?
Section 320.13(1) makes it an offence to operate a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. The circumstances include the nature, condition, and use of the place where the driving happened and the amount of traffic that was or might reasonably be expected to be there. Actual harm is not required; driving can be dangerous with no collision at all, and a collision does not by itself make driving dangerous.
The offence has two components the Crown must prove beyond a reasonable doubt:
- A dangerous manner of driving, assessed objectively against the circumstances rather than by the outcome.
- A marked departure from the standard of care of a reasonable driver in the same circumstances. Civil negligence, a momentary lapse of attention, or a simple misjudgment is not enough; the driving must depart markedly from the norm, a line drawn by the Supreme Court in cases such as R v Beatty and R v Roy.
Where the driving causes bodily harm or death, the Crown lays the aggravated forms of the charge, including dangerous driving causing death, which carry far higher penalties.
Penalties for dangerous driving in Ontario
Dangerous operation is a hybrid offence. If the Crown proceeds by indictment, the maximum penalty is 10 years in prison; on summary conviction, the maximum is 2 years less a day. Where bodily harm results, the maximum rises to 14 years, and where death results, to life imprisonment. There is no mandatory minimum for the basic offence, and outcomes for a first offence without injury range from a discharge or fine through probation, with jail reserved for the most serious driving patterns.
The licence consequences run alongside the sentence. The court may impose a Criminal Code driving prohibition and commonly does. A conviction also triggers an Ontario licence suspension under the Highway Traffic Act, generally 1 year for a first conviction, plus the insurance consequences of a criminal driving record, which are often the most expensive part. Dangerous driving is different from stunt driving, which is a provincial offence under the Highway Traffic Act with its own roadside suspension and impoundment regime; the two can arise from the same incident.
Possible defences to a dangerous driving charge
Depending on the evidence, defences may include:
- The marked departure standard: establishing that the driving, viewed in context, amounted at most to carelessness or a momentary lapse, which is not criminal.
- Explanation for the driving: a sudden and unexpected medical event, an unforeseeable mechanical failure, or an emergency response to another driver's conduct can negate the fault element.
- Identity and proof of the driving pattern: reconstruction disputes, unreliable estimates of speed, and gaps between what witnesses assume and what the physical evidence shows.
- Causation, in bodily harm and death cases: whether the dangerous driving, as opposed to some other factor, caused the outcome.
- Charter issues and delay, including statements taken from the driver in breach of the right to counsel and unreasonable delay under section 11(b) and the Jordan framework.
Frequently asked questions
Is dangerous driving a criminal offence?
Yes. Dangerous driving is a crime under the Criminal Code, unlike careless driving and stunt driving, which are provincial offences under Ontario's Highway Traffic Act. A conviction creates a criminal record.
What is the difference between careless driving and dangerous driving?
Careless driving is a provincial charge for driving without due care and attention. Dangerous driving is a criminal charge requiring a marked departure from the standard of a reasonable driver. The gap between the two standards is where many dangerous driving cases are won.
Does an accident mean the driving was dangerous?
No. Courts assess the manner of driving, not the consequences. A collision, even a serious one, can result from a momentary lapse that does not meet the criminal standard.
Will I go to jail for dangerous driving?
For a first offence with no injuries, jail is uncommon in Ontario; fines, probation, and discharges are all available. Jail becomes realistic where the driving pattern is extreme or where bodily harm or death results. Outcomes depend on the evidence in each case.
Will I lose my licence for dangerous driving?
A conviction generally brings an Ontario licence suspension of at least 1 year for a first offence, and the court may add a Criminal Code driving prohibition. Insurance consequences follow any conviction.
Can a dangerous driving charge be reduced to careless driving?
In appropriate cases, dangerous driving charges resolve as careless driving under the Highway Traffic Act, which avoids a criminal record. Whether that resolution is available depends on the driving alleged, the harm caused, and the strength of the Crown's evidence.
Charged with dangerous driving? Contact us
This is legal information, not legal advice. It does not create a lawyer-client relationship. For advice about your situation, contact us for a consultation.
Sewrattan Criminal Lawyers defends dangerous driving and other driving charges across Toronto and Ontario. Contact us for a consultation: 416-583-1510 ext. 2. Related pages: Dangerous Driving Causing Death and Impaired Driving.