Affordable Ottawa Dangerous Driving Defence Lawyers

Under the criminal code of Canada, dangerous driving is a criminal offence, for which you will carry a criminal record for at least 10 years if you are convicted.

The Highway Traffic Act of Ontario (September 2018) addresses the penalties associated with such a crime.

Dangerous driving charges are usually filed after a motor vehicle accident. At such a stressful time, the criminal charge can be overwhelming for some people.

There are serious immediate and longer-term consequences of a conviction.

This means it’s crucial to seek professional legal advice as early as possible from lawyers who are experienced in the technical aspects of driving offences.

At this stressful time. your decisions early on can mean the difference between being able to move on from your accident and the charges – or having to deal with the consequences for the rest of your life.

After a serious motor vehicle accident where you are considered to be at fault, the police may decide to charge you with:

• Careless driving
• Careless driving causing bodily harm or death
• Dangerous driving
• Criminal negligence

These are all separate charges that carry serious but differing penalties.

You will be charged with dangerous driving when you are deemed to be operating “a motor vehicle in a manner that is dangerous to the public.” This applies whether the act was intentional or not. Also, note that a passenger in the vehicle is considered part of the public. The broad definition allows a high degree of interpretation from law enforcement officers.

If charged with dangerous driving, your licence will be immediately suspended and you will face other serious penalties (see below).

That’s why it is imperative to seek the advice of a criminal defence lawyer qualified in defending driving cases.

Dangerous driving VS careless driving

With a dangerous driving charge, the criminal code directs judges to look at such factors as:

• The nature of the place where the alleged driving offence occurred
• The amount of traffic at the time of the alleged offence
• The weather conditions at the time of the alleged offence
• Any other relevant conditions at the time of the alleged offence

You will be judged according to how your driving compared with how a “reasonable” person would have driven under the same set of circumstances.

For instance, if you were speeding in an area where many vehicles were driving at the same speed, it should be interpreted differently to speeding in an area to weave in and out of slower traffic.

This may attract a dangerous driving charge in addition to the speeding ticket. Careless driving charges apply if you are considered to be driving without proper “care and attention”. While this is equally broad and open to interpretation, it is a lesser charge than dangerous driving, with less harsh penalties (though still severe).

Penalties for dangerous driving in Ontario

Dangerous driving is a serious criminal offence in Ontario under the Criminal Code of Canada, carrying significant penalties that vary based on the severity of the incident and whether it resulted in bodily harm or death.

Dangerous Operation (No Injury or Death)

• Summary Conviction: Maximum of 2 years less a day imprisonment or a fine up to $5,000, or both.
• Indictable Offence: Maximum of 10 years imprisonment.
• Additional Consequences: Criminal record, mandatory driving prohibition, licence suspension, and increased insurance premiums.

Dangerous Driving Causing Bodily Harm

• Summary Conviction: Maximum of 2 years less a day imprisonment.
• Indictable Offence: Maximum of 14 years imprisonment.
• Minimum Penalties:
  • First Offence: $1,000 fine.
  • Second Offence: 30 days imprisonment.
  • Subsequent Offences: 120 days imprisonment.
• Additional Consequences: Criminal record, mandatory driving prohibition, licence suspension, and increased insurance premiums.

Dangerous Driving Causing Death

• Indictable Offence: Maximum of life imprisonment.
• Minimum Penalties:
  • First Offence: $1,000 fine.
  • Second Offence: 30 days imprisonment.
  • Subsequent Offences: 120 days imprisonment.
• Additional Consequences: Criminal record, mandatory driving prohibition, licence suspension, and increased insurance premiums.

Aggravating Factors Influencing Sentencing

Courts may impose harsher penalties if the dangerous driving involved:

• Excessive speeding or racing.
• Driving under the influence of alcohol or drugs.
• Reckless behaviour, such as tailgating or swerving.
• Distracted driving, including texting or using a phone.
• Driving with passengers under the age of 16.
• Operating a vehicle for commercial purposes at the time of the offence.

Given the severe consequences associated with dangerous driving convictions, it is crucial to seek experienced legal representation. If you’re facing such charges in Ontario, contact Affordable Defence for a free and confidential consultation to discuss your case and explore your legal options.

Will a Dangerous Driving Conviction Affect My Insurance?

Yes. A dangerous driving conviction in Ontario will have a major impact on your auto insurance—often more severe than other driving-related offences. Because it is a criminal conviction under the Criminal Code of Canada, insurers consider it high-risk behaviour. As a result, you may experience:

• Drastically increased premiums (often double or triple)
• Loss of standard coverage – you may be classified as a “high-risk” driver and required to seek insurance from specialized providers
• Denial or cancellation of your existing policy

A conviction also stays on your driving abstract for years, meaning insurance companies can continue to factor it into your rates long after your court case ends. That’s why fighting the charge—or having it reduced to a non-criminal offence – is critical to protecting your record and keeping your insurance costs manageable.

How Long Does a Dangerous Driving Charge Stay on Your Record in Ontario?

A dangerous driving conviction stays on your criminal record indefinitely in Ontario unless you apply for and are granted a record suspension (pardon) through the Parole Board of Canada.

Here’s how it works:

• If you are convicted, the offence will appear on CPIC (Canadian Police Information Centre) and other background checks.
• A criminal record can affect employment, travel, licensing, and immigration status.
• You may apply for a record suspension:
  • 5 years after completing your sentence for a summary conviction
  • 10 years after completing your sentence for an indictable conviction

Until that time, the conviction remains part of your permanent criminal record. Avoiding a conviction altogether – through withdrawal, acquittal, or reduction to a non-criminal charge—is the most effective way to avoid these long-term consequences.