Driving Offences
Dangerous Driving Lawyer in Canada
A dangerous driving lawyer defends charges under Criminal Code, s. 320.13. This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.
Criminal Code, s. 320.13·hybrid offence
What Dangerous Operation of a Conveyance covers in Canadian criminal law
Dangerous operation of a conveyance under section 320.13 of the Criminal Code is committed by operating a conveyance in a manner that, having regard to all the circumstances, is dangerous to the public. Sections 320.13(2) and 320.13(3) create aggravated forms where the operation causes bodily harm or death.
The test is objective. Following R. v. Beatty and R. v. Roy, the Crown must prove that the driving was a marked departure from the standard of care that a reasonable person would observe in the accused's circumstances. Momentary inattention or ordinary negligence is not enough; that distinction is what separates dangerous driving from careless driving.
The manner of driving must be assessed over the whole course of the driving, not just the instant of the collision. A single moment of error following an otherwise unremarkable drive rarely meets the marked departure standard, which is why detailed reconstruction and witness evidence matters so much.
What the Crown must prove
The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.
- The accused operated a conveyance
- The manner of operation was dangerous to the public having regard to all the circumstances
- The driving was a marked departure from the standard of a reasonably prudent driver
- For sections 320.13(2) and (3), that the operation caused bodily harm or death
- Identity of the driver and the date and jurisdiction of the alleged offence
Penalties and consequences on conviction
- A maximum of ten years imprisonment on indictment for the basic offence
- A maximum of fourteen years where bodily harm results, and life imprisonment where death results
- A mandatory driving prohibition under section 320.24
- A criminal record with border and immigration consequences
- Substantial insurance consequences and potential civil liability
Common defences
- The driving was negligent but not a marked departure, supporting a careless driving resolution instead
- A sudden medical event or mechanical failure that was not reasonably foreseeable
- Causation problems where another driver, road conditions or a third party contributed to the outcome
- Challenging accident reconstruction evidence and the qualifications of the reconstructionist
- Identification, where the driver of the vehicle is in issue
- Charter breaches in the collection of black box data, statements or blood samples
Dangerous driving lawyer: frequently asked questions
- What is the difference between careless and dangerous driving?
- Careless driving is a provincial offence requiring driving below the standard of due care. Dangerous operation under section 320.13 is a criminal offence requiring a marked departure from the standard of a reasonably prudent driver. The gap between the two standards is where most of these cases are fought.
- Does a collision have to occur?
- No. Section 320.13 asks whether the manner of driving was dangerous to the public, not whether harm resulted. A high-speed pursuit through a residential area can be dangerous operation with no collision at all, and a serious collision can result from driving that is merely careless.
- Can statements at the scene be used against me?
- Sometimes. Statements compelled by provincial accident reporting requirements are generally inadmissible in the criminal case, but voluntary statements to police may be admissible. What was said, to whom, and after what caution, is examined closely on a voir dire.
Find a dangerous driving lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Dangerous Operation of a Conveyance among their practice areas. Featured listings appear first.
Dangerous Operation of a Conveyance lawyers by province