Dangerous Driving and Dangerous Operation

Facing a dangerous driving or dangerous operation charge in Ontario can feel overwhelming and frightening. The consequences are severe, including potential imprisonment, substantial fines, lengthy driving prohibitions, and a permanent criminal record that can impact your employment, travel, and personal life for years to come. If you’re reading this, you or someone you care about is likely dealing with this serious situation right now.

The reality is that dangerous driving charges under Section 320.13 of the Criminal Code of Canada are complex criminal matters that require immediate attention and skilled legal representation. These aren’t simple traffic tickets but serious criminal offences that can result in life imprisonment in the most severe cases. Understanding your rights, the legal process ahead, and the defence strategies available could mean the difference between a conviction that follows you forever and having charges reduced or dismissed entirely.

At Kruse Law Firm, we’ve spent over 70 years helping Ontarians navigate these challenging circumstances with aggressive advocacy and strategic defence approaches. We understand that facing criminal charges can leave you feeling anxious and uncertain about your future, and we’re here to provide the experienced legal guidance you need during this difficult time.

When you’re charged with dangerous driving or dangerous operation in Ontario, several critical factors will determine your case outcome:

• The charge is criminal, not just a traffic violation – This means potential jail time, substantial fines, and a permanent criminal record
• Time is crucial – Evidence can disappear, witnesses’ memories fade, and your legal options may become limited
• The Crown must prove a “marked departure” from normal driving standards, not just careless or poor driving
• Defences are available – From challenging evidence collection to negotiating reduced charges
• Professional representation matters – The complexity of these cases requires experienced criminal defence counsel

The stakes are simply too high to handle this alone or with inexperienced representation. Every detail matters, from how the traffic stop was conducted to whether your Charter rights were respected throughout the process.

Dangerous driving, now formally called “dangerous operation of a conveyance” under Section 320.13 of the Criminal Code, represents one of the most serious driving-related criminal charges in Canada. Unlike provincial traffic offences that result in fines and demerit points, dangerous driving is a federal criminal matter that can fundamentally alter your life.

The law applies to all types of conveyances, not just motor vehicles, but also boats, aircraft, and railway equipment. However, the vast majority of cases involve motor vehicle operation on Ontario roads and highways. What makes this charge particularly challenging is that it requires courts to assess whether your driving behaviour constituted a “marked departure” from what a reasonable person would do in similar circumstances.

The cornerstone of any dangerous driving case is whether the Crown can prove your driving represented a “marked departure” from normal driving standards. This is an objective test; it doesn’t matter what you intended or thought you were doing. What matters is how a reasonable person would view your driving behaviour given all the circumstances.

Courts consider numerous factors when evaluating whether driving meets this threshold:

• Road and traffic conditions – Was it a busy highway or empty rural road?
• Weather and visibility – Were conditions challenging or clear?
• Time of day – Rush hour traffic versus late night driving
• Speed and manner of driving – Excessive speed, weaving, racing, or erratic movements
• Duration of the behaviour – A momentary lapse versus sustained dangerous conduct
• Actual or potential harm – Whether anyone was potentially endangered or injured

The “marked departure” standard is deliberately higher than simple careless driving. The law recognizes that people make mistakes behind the wheel, but criminalizes only those behaviours that represent a serious threat to public safety.

One of the most important distinctions in Ontario driving law is the difference between dangerous driving (a Criminal Code offence) and careless driving (a Highway Traffic Act offence). Understanding this difference is crucial because it often determines whether you face criminal prosecution or a provincial traffic matter.

Careless Driving (Highway Traffic Act):

• Provincial offence with fines up to $2,000 and six demerit points
• No criminal record
• Possible jail time up to 6 months (jail is available for rare cases such as multiple repeat offenders)
• Based on driving “without due care and attention”
• Requires proof of departure from reasonable driving standards
• Can often be resolved through early resolution or plea negotiations

Dangerous Driving (Criminal Code):

• Federal criminal offence with potential imprisonment, substantial fines, and discretionary driving prohibitions
• However, there are mandatory driving suspensions under the Ontario Highway Traffic Act
• Creates a permanent criminal record
• Based on driving that is “dangerous to the public”
• Requires proof of “marked departure” from reasonable standards
• Must be prosecuted in criminal court with full trial procedures

The key distinction lies in the severity of the departure from normal driving standards. While careless driving might involve minor lapses in attention or judgement, dangerous driving requires behaviour that poses a significant threat to public safety. Police and prosecutors often face charging decisions where they must determine which standard the driving behaviour meets.

In many cases, experienced defence counsel can negotiate with Crown prosecutors to have dangerous driving charges reduced to careless driving or other provincial offences, avoiding the criminal record and potential imprisonment that comes with a Criminal Code conviction.

Section 320.13 of the Criminal Code provides the legal framework for dangerous operation charges. The section creates three distinct offences, each with different penalty structures and legal implications:

Section 320.13(1) – Dangerous Operation (Basic Offence): Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

Section 320.13(2) – Dangerous Operation Causing Bodily Harm: Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and thereby causes bodily harm to another person.

Section 320.13(3) – Dangerous Operation Causing Death: Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and thereby causes the death of another person.

Elements the Crown Must Prove

For any dangerous driving conviction, the Crown prosecutor must establish several essential elements beyond a reasonable doubt:

1. Operation of a Conveyance: The accused must have been operating a motor vehicle, boat, aircraft, or railway equipment. In motor vehicle cases, this typically involves driving on public roads, though the law can also apply to private property. 
2. Manner of Operation: The Crown must describe specifically how the vehicle was being operated. This might include excessive speed, erratic steering, following too closely, racing, or other dangerous behaviours.
3. Dangerous to the Public: The operation must pose a danger to the public, not just the driver. This doesn’t require other people to be present – it’s sufficient if the public might reasonably be expected to be present.
4. Marked Departure from Standard: The driving behaviour must constitute a “marked departure” from what a reasonable person would do in similar circumstances. This is the critical element that distinguishes criminal dangerous driving from provincial traffic offences.
5. Causation (for bodily harm or death charges): For the more serious charges, the Crown must prove the dangerous driving caused the bodily harm or death. This requires establishing both factual causation (the driving contributed to the harm) and legal causation (the harm was foreseeable).

What “Dangerous to the Public” Means

The phrase “dangerous to the public” has been interpreted broadly by Canadian courts. You don’t need other vehicles or pedestrians present at the exact moment of the alleged dangerous driving. The test is whether members of the public might reasonably be expected to be present in that location.

For example, dangerous driving can occur: • On a seemingly empty highway late at night • In a parking lot where shoppers might be present • On residential streets during school hours • In construction zones even when workers aren’t visible

Courts examine the totality of circumstances, including the location’s normal use, time of day, weather conditions, and whether the dangerous behaviour created risk to anyone who might reasonably be in the area.

The penalties for dangerous driving in Ontario are severe and can have lasting impacts on every aspect of your life. The consequences extend far beyond fines and potential imprisonment to include mandatory driving prohibitions, dramatically increased insurance costs, and a permanent criminal record that can affect employment, travel, and personal relationships.

Discretionary Driving Prohibitions: 

• Discretionary prohibition up to three years for summary conviction  dangerous driving
• Discretionary driving prohibition up to ten years if the crown elects by indictment
• Mandatory licence suspensions under the Ontario Highway Traffic Act
• Enhanced prohibitions for repeat offenders or aggravating circumstances
• Lifetime prohibitions possible in the most serious cases

Criminal Record Implications: A dangerous driving conviction creates a permanent criminal record with far-reaching consequences:

• Employment barriers – Many employers conduct criminal background checks
• Professional licensing issues – Some professions prohibit members with criminal records
• Travel restrictions – Criminal records can prevent entry to the United States and other countries
• Immigration consequences – Non-citizens may face deportation or inability to obtain citizenship
• Insurance impacts – Dramatically increased premiums for years after conviction

Financial Consequences: Beyond court-imposed fines, dangerous driving convictions create substantial ongoing costs:

• Legal fees for defence representation
• Increased insurance premiums often lasting 3-6 years
• Potential civil lawsuits if the dangerous driving caused injury or property damage
• Lost income due to driving prohibitions affecting work ability

The most serious dangerous driving charges involve cases where the dangerous operation causes bodily harm or death to another person. These charges carry substantially higher penalties and are treated with the utmost seriousness by courts and prosecutors.

Dangerous Operation Causing Bodily Harm (Section 320.13(2)):

This charge applies when dangerous driving results in physical injury to another person. “Bodily harm” is defined in the Criminal Code as “any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.”

The Crown must prove both that the driving was dangerous and that it caused the bodily harm. This involves establishing:

1. The dangerous driving was a contributing cause of the injury
2. The injury was a foreseeable result of the dangerous driving
3. The harm wasn’t solely caused by other factors

Dangerous Operation Causing Death (Section 320.13(3)):

This represents the most serious dangerous driving charge, carrying a maximum penalty of life imprisonment. The Crown must establish:

• The driving met the dangerous operation standard
• The dangerous driving caused or contributed to another person’s death
• The death was a foreseeable consequence of the dangerous driving

Courts treat these cases with extreme gravity, particularly where the dangerous driving involved high speeds, racing, impairment, or other aggravating factors. Even first-time offenders often face substantial prison sentences, especially in cases involving multiple victims or particularly egregious conduct.

Defence Considerations for Serious Cases:

Defending charges involving bodily harm or death requires specialised expertise and immediate action. Key considerations include:

1. Preserving physical evidence from the scene
2. Obtaining independent accident reconstruction analysis
3. Challenging causation between driving behaviour and resulting harm
4. Investigating alternative explanations for the collision
5. Negotiating with Crown prosecutors for reduced charges where appropriate

Successfully defending a dangerous driving charge requires a comprehensive understanding of criminal law, evidence rules, and strategic advocacy. The defence approach must be tailored to the specific facts of your case, but several common strategies have proven effective in protecting clients’ rights and achieving favourable outcomes.

The foundation of any strong defence begins with a thorough investigation of the circumstances surrounding your charge. This includes examining police conduct, witness reliability, physical evidence, and potential Charter of Rights violations. Remember, the Crown bears the burden of proving guilt beyond a reasonable doubt. Your defence team’s job is to identify and exploit weaknesses in their case.

Challenging the “Marked Departure” Standard

The most fundamental defence strategy involves challenging whether your driving actually constituted a “marked departure” from normal driving standards. This objective test requires courts to consider all circumstances, and there’s often room to argue that driving behaviour, while perhaps imperfect, didn’t cross the criminal threshold.

Effective approaches include:

• Contextual analysis – Demonstrating that your driving was reasonable given road conditions, weather, traffic, or emergency circumstances
• Comparative evidence – Showing that other drivers were behaving similarly in the same conditions
• Expert testimony – Accident reconstruction specialists or driving experts who can explain that your behaviour fell within normal parameters
• Alternative explanations – Mechanical failure, medical emergency, or other factors that explain the driving behaviour

For example, if you’re charged after swerving to avoid debris on the highway, the defence might argue that any reasonable driver would have taken similar evasive action. The key is presenting evidence that your driving, viewed objectively, represented a reasonable response to the circumstances you faced.

Charter Rights Violations

Police must respect your constitutional rights throughout their investigation. Violations of Charter rights can result in evidence being excluded from trial, potentially leading to charge withdrawal or acquittal.

Common Charter violations in dangerous driving cases include:

• Section 8 – Unreasonable search and seizure – Police conducting vehicle searches without proper grounds
• Section 9 – Arbitrary detention – Traffic stops without reasonable suspicion of an offence
• Section 10(b) – Right to counsel – Failure to inform you of your right to speak with a lawyer
• Section 24(2) – Exclusion of evidence – Courts may exclude evidence obtained through Charter breaches

Your defence lawyer will scrutinise every aspect of the police investigation to identify potential rights violations. Even seemingly minor procedural errors can sometimes result in serious charges being dismissed.

Challenging Evidence and Witnesses

The Crown’s case often relies heavily on witness testimony and circumstantial evidence. Experienced defence counsel can identify weaknesses in this evidence and challenge its reliability or accuracy.

Evidence challenges might include:

• Witness credibility – Cross-examining witnesses about their vantage point, attention, memory, or potential bias
• Police testimony – Challenging officer observations, training, or adherence to proper procedures
• Physical evidence – Questioning the collection, preservation, or interpretation of scene evidence
• Expert evidence – Obtaining independent experts to contradict Crown expert testimony

Remember that witnesses, including police officers, can make mistakes or have imperfect recollections. Your defence team’s job is to identify these issues and present them effectively to the court.

Lawful Excuse and Necessity Defences

In certain circumstances, driving that might otherwise appear dangerous can be justified by emergency situations or legal necessity. While these defences require careful legal analysis, they can be effective in appropriate cases.

Examples of lawful excuse might include:

• Medical emergencies – Rushing someone to hospital during a life-threatening situation
• Imminent danger – Driving to escape a threat to personal safety
• Mechanical failure – Vehicle malfunction that affected your ability to drive normally
• Following police instructions – Driving behaviour directed by law enforcement

The necessity defence requires proving that you faced an immediate peril, had no reasonable alternative, and that your response was proportionate to the danger. This defence is fact-specific and requires detailed legal analysis by experienced counsel.

While not every dangerous driving charge can be dropped, experienced criminal defence lawyers can often achieve charge withdrawals or significant reductions through strategic advocacy and skilled negotiation. Success depends on identifying weaknesses in the Crown’s case, procedural errors, or circumstances that make conviction unlikely.

The key to achieving charge withdrawal lies in thorough preparation and early intervention. The sooner your defence team can analyse the evidence and identify issues, the better positioned you’ll be to negotiate with Crown prosecutors from a position of strength.

Early Case Assessment and Investigation

Immediate action after being charged is crucial for preserving your defence options. Key steps include:

Obtaining Disclosure: Your lawyer will request all evidence the Crown intends to use against you, including:

• Police officers’ notes and reports
• Witness statements
• Video or photographic evidence
• Expert reports or accident reconstruction analysis
• Any physical evidence collected at the scene

Independent Investigation: Your defence team may conduct their own investigation, which could involve:

• Interviewing potential defence witnesses
• Hiring accident reconstruction experts
• Examining the scene and documenting conditions
• Obtaining surveillance footage from nearby businesses
• Consulting with medical or technical experts

Legal Research: Analysing similar cases and recent legal developments that might benefit your defence.

Negotiating with Crown Prosecutors

Crown prosecutors have discretion to withdraw charges when the evidence doesn’t support conviction or when other factors weigh against prosecution. Skilled defence counsel can present compelling arguments for charge withdrawal or reduction.

Effective negotiation strategies include:

• Highlighting evidentiary weaknesses – Demonstrating problems with witness reliability, physical evidence, or legal elements
• Charter issues – Showing potential constitutional violations that could exclude key evidence
• Alternative resolutions – Proposing guilty pleas to lesser provincial offences instead of criminal charges
• Mitigating circumstances – Presenting personal factors that weigh against criminal prosecution

The goal is often to negotiate a resolution that avoids a criminal record while still acknowledging any driving errors. This might involve pleading guilty to careless driving under the Highway Traffic Act instead of the more serious criminal charge.

Pre-Trial Applications and Motions

In cases where negotiations don’t result in charge withdrawal, your defence team may bring formal applications to exclude evidence or dismiss charges:

Charter Applications: Applications to exclude evidence obtained through constitutional violations, which could result in the Crown being unable to prove their case.

Stay of Proceedings Applications: In cases of unreasonable delay or abuse of process, courts may order a stay of proceedings, effectively ending the prosecution.

Other Pre-Trial Motions:

• Applications to exclude certain evidence
• Motions to compel additional disclosure
• Applications for third-party records

Success with these applications requires detailed legal knowledge and strategic timing. When successful, they often result in the Crown withdrawing charges rather than proceeding to trial with insufficient evidence.