Dangerous Driving Defence

Dangerous driving is a criminal offence under Section 320.13 of the Criminal Code R.S.C., 1985, c. C-46. It occurs when a person operates a vehicle in a manner that is dangerous to the public, taking into account all circumstances. Reckless driving, racing, or aggressive driving in public can fall under this offence.

There are separate offences for dangerous operation causing bodily harm or causing death.

Examples of Dangerous Driving

• Racing or speed contests on public roads

   

• Aggressive or reckless driving endangering pedestrians or other drivers

   

• Driving under conditions that knowingly increase the risk of harm

   

Penalties for Dangerous Driving

1. Dangerous Operation (No Casualties) – Hybrid Offence

• Indictment: Up to 10 years imprisonment

   

• Summary Conviction: Fine up to $5,000 or imprisonment up to 2 years less a day, or both

   

2. Dangerous Operation Causing Bodily Harm – Hybrid Offence

• Indictment: Up to 14 years

   

  • Minimum penalties:

     

    • 1st offence: $1,000 fine

       

    • 2nd offence: 30 days imprisonment

       

    • 3rd & subsequent offences: 120 days imprisonment

       

• Summary Conviction: Fine up to $5,000 or imprisonment up to 2 years less a day, or both

   

3. Dangerous Operation Causing Death – Indictment Only

• Penalty: Imprisonment for life

   

• Minimum penalties same as above

   

Aggravating Factors Considered for Sentencing

• Multiple victims harmed or killed

   

• Racing or speed contest with others on public roads

   

• Passenger under 16 years old in vehicle

   

• Offender was paid for operating the vehicle

   

• Blood alcohol concentration ≥ 120 mg/100 mL

   

• Operating a large motor vehicle

   

• Driving without a valid license