Dangerous driving is a criminal offence, distinct from the provincial offence of careless driving under Ontario's Highway Traffic Act, and it can apply even without any alcohol or drugs being involved at all. This guide explains how dangerous operation is defined under section 320.13 of the Criminal Code, how it differs from the provincial offence, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Is Dangerous Operation?
Section 320.13(1) of the Criminal Code makes it an offence to operate a conveyance, including a motor vehicle, in a manner that, having regard to all the circumstances, is dangerous to the public. This can include excessive speed, particularly in poor conditions or heavily populated areas, racing on public roads, aggressive or erratic maneuvers, or driving while significantly distracted in a way that creates a real risk to others. Unlike impaired driving, this offence does not require any alcohol or drug involvement at all.
The Objective Test
Whether driving was "dangerous to the public" is assessed objectively, meaning the question is whether a reasonable person would view the conduct as a significant departure from how a reasonably prudent driver would operate a vehicle in the same circumstances, not whether the accused subjectively believed their driving was safe. Courts consider factors such as the nature of the location, weather and road conditions, the speed involved, and the presence of pedestrians or other vehicles. A single instance of poor judgment is not automatically criminal; the conduct must represent a marked departure from the standard of care expected of a reasonable driver.
Classification and Penalties
Dangerous Operation (Section 320.13) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – indictment
- Up to 5 years imprisonment
- Maximum penalty – summary conviction
- Up to 2 years less a day and/or a $5,000 fine
- Mandatory minimum sentence
- None for a standard section 320.13(1) charge
These figures reflect the Criminal Code as of this page's last update. Actual sentences depend on the specific driving conduct, any risk actually created, and the person's record. A criminal lawyer can confirm the current state of the law for a specific case.
Bodily Harm and Death
Where dangerous operation causes bodily harm, section 320.13(2) increases the maximum penalty to 14 years imprisonment. Where it causes death, section 320.13(3) increases the maximum penalty to life imprisonment. These escalated penalties mirror the structure used for impaired driving causing bodily harm or death, reflecting a consistent approach across the various driving-related offences in the Criminal Code to the seriousness of an actual injury or death resulting from dangerous conduct behind the wheel.
Criminal Charge vs. Provincial Careless Driving
Ontario's Highway Traffic Act also creates a provincial offence of careless driving, which is not a criminal charge and does not result in a criminal record, though it can still carry significant fines, demerit points, and licence consequences. Dangerous driving under the Criminal Code requires a more serious departure from the standard of a reasonable driver than careless driving does, and police or the Crown decide which route to pursue based on the severity of the conduct involved. The same underlying incident, such as a serious collision, can sometimes lead to a discussion between the Crown and defence about which charge is appropriate given the specific facts.
A criminal dangerous driving conviction carries consequences well beyond a provincial traffic ticket, including a criminal record, potential imprisonment, and a mandatory driving prohibition, making it important to take this charge seriously from the outset.
Street racing and stunt driving, sometimes charged separately at the provincial level under Ontario's stunt driving regulations, can also form the basis of a criminal dangerous driving charge where the conduct meets the required threshold, particularly where it takes place in areas with pedestrians or significant traffic.
Possible Defences
Dangerous driving cases often turn on whether the specific conduct actually meets the high threshold of a marked departure from reasonable driving, as opposed to a momentary lapse in judgment or an unfortunate accident that does not rise to the level of criminal conduct. Weather, road conditions, and mechanical issues with the vehicle can all be relevant to whether the driving was genuinely dangerous or whether an external factor contributed significantly to what happened. Identification of the driver, particularly in single-vehicle collisions or hit-and-run scenarios, can also be a significant issue. A criminal lawyer should review the specific circumstances, including any available video evidence, before advising on possible defences.
What Happens After This Charge
Many dangerous driving charges, particularly where no injury resulted, do not lead to a contested bail hearing, though release conditions often restrict or prohibit driving while the case is ongoing, which can create significant practical challenges for someone who relies on driving for work or family responsibilities. The case then proceeds through the standard court process, including disclosure of any available collision reconstruction evidence, witness statements, or video footage, before moving toward a resolution or a trial. See our sentencing overview and criminal records overview for more.
Sentencing for dangerous driving considers the specific conduct involved, whether it was a single incident or part of a pattern, any actual danger created to identifiable people, and the person's driving record and history. A momentary but serious lapse by an otherwise careful driver is generally treated differently from a sustained pattern of reckless conduct or a deliberate choice to engage in extremely risky behaviour, such as organized street racing. See our sentencing overview for the general principles Ontario courts apply.
Frequently Asked Questions
Is dangerous driving the same as careless driving?
No. Careless driving is a provincial offence under Ontario's Highway Traffic Act that does not result in a criminal record. Dangerous driving is a criminal offence requiring a more serious departure from the standard of a reasonable driver.
Does dangerous driving require alcohol or drugs to be involved?
No. Dangerous driving can be charged based entirely on the manner of driving, regardless of whether alcohol or drugs were involved at all.
Can a single speeding incident lead to a dangerous driving charge?
It depends on the circumstances. Excessive speed in a high-risk context, such as a school zone or severe weather, could potentially support a dangerous driving charge, while more moderate speeding is typically handled as a provincial traffic matter.
What happens if my dangerous driving caused a serious injury?
The maximum penalty increases significantly, to 14 years imprisonment where the conduct causes bodily harm, reflecting the seriousness of an actual injury resulting from dangerous driving.
Will I lose my licence if convicted of dangerous driving?
A conviction generally results in a mandatory driving prohibition in addition to any other sentence imposed, on top of any separate provincial licensing consequences.