Dangerous Driving & Dangerous Driving Causing Death

If you have been charged with dangerous driving or dangerous driving causing death under the Criminal Code of Canada, you are facing a serious criminal offence that can result in a criminal record, lengthy driving prohibitions, substantial insurance increases, and the possibility of significant jail time — up to life imprisonment in the most serious cases.

Aswani K. Datt provides experienced, strategic, and aggressive defence representation for clients charged with dangerous driving offences throughout the Greater Toronto Area, including Mississauga, Brampton, Toronto, Oakville, Milton, Burlington, and surrounding courts.

Call our office now at 905-755-0104 or click the link at the top of this page to book a consultation.

What is Dangerous Driving?

Under section 320.13 of the Criminal Code, dangerous driving (now called “dangerous operation of a conveyance”) occurs when a person operates a motor vehicle (or other conveyance) in a manner that, having regard to all of the circumstances, is dangerous to the public.

There are three levels of the offence:

1. Dangerous operation – s. 320.13(1)
   Operating a conveyance in a manner that is dangerous to the public.
2. Dangerous operation causing bodily harm – s. 320.13(2)
   The same dangerous manner of driving that results in bodily harm to another person.
3. Dangerous operation causing death – s. 320.13(3)
   The same dangerous manner of driving that results in the death of another person.

The Crown must prove two key elements beyond a reasonable doubt:

• Actus reus: The manner of driving was dangerous to the public, viewed objectively and having regard to all the circumstances (road conditions, traffic, weather, time of day, etc.).
• Mens rea: The driving constituted a marked departure from the standard of care that a reasonable and prudent driver would have exercised in the same circumstances.

A momentary lapse of attention or simple carelessness is not enough for a criminal conviction. The driving must show a marked departure from the norm.

Examples of Conduct That May Lead to Charges

• Excessive speeding in the circumstances
• Aggressive or reckless overtaking
• Ignoring traffic signals or signs
• Driving while distracted (e.g., cell phone) to a dangerous degree
• Racing or stunt driving that endangers the public
• Continuing to drive when the vehicle is known to be unsafe
• Driving in a manner that creates a clear and obvious risk to other road users

Even if no collision occurs, a charge of dangerous operation can still be laid.

Penalties for Dangerous Driving

Offence	Maximum Penalty	Other Consequences
Dangerous operation (s. 320.13(1))	Up to 10 years imprisonment (by indictment)	Criminal record, driving prohibition, insurance increases
Dangerous operation causing bodily harm (s. 320.13(2))	Up to 14 years imprisonment	Mandatory minimums may apply for subsequent offences; driving prohibition
Dangerous operation causing death (s. 320.13(3))	Life imprisonment	Mandatory driving prohibition, criminal record, severe insurance consequences

Additional consequences commonly include:

• A criminal record that can affect employment, travel, and immigration status
• Lengthy or lifetime driving prohibitions under s. 320.24
• Dramatic increases in insurance premiums (or inability to obtain standard insurance)
• Possible vehicle impoundment and other provincial sanctions under the Highway Traffic Act

How Aswani K. Datt Defends Dangerous Driving Charges

Every case is unique. Successful defences often focus on:

• Whether the driving truly amounted to a marked departure from the standard of a reasonable driver
• The reliability and accuracy of police observations and evidence
• Road, weather, and traffic conditions at the time
• Mechanical issues with the vehicle
• Sudden emergencies or medical events
• Charter violations (unreasonable search, right to counsel, etc.)
• Causation issues (particularly in cases involving death or bodily harm)

Aswani K. Datt carefully reviews the complete disclosure, identifies weaknesses in the Crown’s case, and develops a tailored defence strategy aimed at achieving the best possible outcome — whether that is a complete withdrawal of the charges, a reduction to a less serious provincial offence (such as careless driving), or an acquittal at trial.

Act Quickly – Your Rights and Licence Are at Stake

Dangerous driving charges move quickly and can have immediate consequences for your driver’s licence and freedom. Early legal advice is critical.

Call 905-755-0104 now to speak with Aswani K. Datt, or click the link at the top of this page to book a consultation for available times.

Get experienced criminal defence representation today.