Dangerous Driving Defence

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Dangerous Driving Defence

Dangerous  Driving Defence or operation is a criminal offense under Section 320.13 of the Criminal Code R.S.C., 1985, c. C-46

The Criminal Code describes the dangerous operation as operating a conveyance (motor vehicle) in a manner that, having regard to all of the circumstances, is dangerous to the public. Simply put, the person drives recklessly in a public space when the driver is aware that the driver’s reckless driving could bring danger to the public. There are other separate offenses of dangerous operation causing bodily harm or causing death.

 

Examples of dangerous operations can include racing or aggressive driving.

PENALTIES

Dangerous operation (no casualties)

– Hybrid offence where it can proceed by an indictment or by a summary conviction.

1) Indictment: Up to 10 years of imprisonment

2) Summary conviction: Fine of not more than $5,000 or Imprisonment of not more than 2 years less a day, or to both.

Dangerous operation causing bodily harm: Hybrid offence

1) Indictment: Up to 14 years of imprisonment

                A minimum penalty of: Fine of $1,000.00 (1st offence)

                                                    Imprisonment for 30 days (2nd offence)

                                                       Imprisonment for 120 days (3rd & subsequent offences)

2) Summary conviction: Fine of not more than $5,000 or Imprisonment of not more than two years less a day, or to both.

                                  – Minimum penalty same as the indictment above

Dangerous operation causing bodily harm: Only indictment

– Imprisonment for life

– Minimum penalty of Fine of: $1,000.00 (1st offence)

                                        Imprisonment for 30 days (2nd offence)

                                           Imprisonment for 120 days (3rd & subsequent offences)

 

The aggravating factors considered for sentencing are: 

(a) If dangerous operation resulted in bodily harm or death of more than one person

(b) If the offender was operating a motor vehicle in a race or a speed contest with at least one other motor vehicle in public space (including street)

(c) If a person under the age of 16 years was a passenger in a vehicle operated by the offender.

(d) If the offender was paid for operate the motor vehicle;

(e) If the offender’s blood alcohol concentration during dangerous operation was equal to or exceeded 120 mg of alcohol in 100 mL of blood;

(f) If the offender was operating a large motor vehicle; and

(g) If the offender was not permitted, under a federal or provincial Act, to operate the vehicle. 

     (ie driving without a driver’s license)

 

Contact Juzkiw Law Firm at 416-221-2221 for more details on how you can defend your charge about dangerous operations.

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