A SYNOPSIS OF DANGEROUS DRIVING AND THE CRIMINAL CODE IN ONTARIO
I’d like to give you a synopsis of dangerous driving and the criminal code in Ontario. Section 320.13 sub one of the Canadian criminal code outlines the offense of dangerous driving. More specifically, if you’re driving in a manner that puts yourself or the public in danger, you could be charged with this particular offense.
If you’re charged, the Crown is going to look at the facts of the case. They’re specifically going to look at that driving and make an election to proceed summarily or by indictment. Typically, in these cases, the Crown will proceed summarily. When it’s proceeded summarily, it can be considered less serious.
The penalties for these offenses are set by the judge upon conviction or a guilty plea. There is a possibility of a period of incarceration. There’s also distinctly a possibility of a license suspension, which is quite common. In addition to that, it would be called a driving prohibition, which is different than a suspension in the traditional sense.
A driving prohibition is something that’s ordered by the judge, who’s listened to the facts. The Crown has certain things to prove in a case like this. Those musts include things like the identity of the person driving. They also need to prove, beyond any doubt, the date, time, and jurisdiction of where this may have occurred.
The Crown has the responsibility of demonstrating that the public was in fact in danger. They also have the responsibility of proving to the court that the defendant was driving in such a fashion that it should be considered dangerous. And when that happens, that would bring about the conviction and all the subsequent penalties for that offense.