Understanding Dangerous Operation of a Conveyance
Dangerous Operation of a Motor Vehicle Causing Bodily Harm or Death happens when a driver operates a vehicle without reasonable care, leading to injury or death.
If charged with this serious offence in Toronto, Brampton, Orangeville, or the surrounding GTA, you need expert legal help. GSP Law is here to guide you through the complex and stressful process. Call us at 905-789-7840 to discuss your case and build your best defence.
What Is the Dangerous Driving Criminal Code?
Dangerous Operation, also known as Dangerous Driving, is a serious criminal offence under section 320.13 of the Criminal Code. This charge can be brought against you even if no one else was on the road at the time.
Like other driving-related offences, a conviction for Dangerous Driving can significantly impact your driving privileges and insurance. The Criminal Code categorizes Dangerous Operation into three levels:
- Dangerous Operation: Reckless driving that endangers public safety.
- Dangerous Operation Causing Bodily Harm: Dangerous driving that results in someone suffering bodily harm.
- Dangerous Operation Causing Death: Dangerous driving causing death or resulting someone’s death.
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From the moment you contact us, we will work tirelessly to protect your rights, build a strong defence, and achieve the best possible outcome for your case. Don’t face this challenging time alone – reach out to GSP Law for the support you need.
What Is a Conveyance?
A “conveyance” is defined in the Criminal Code as any motor vehicle, vessel, aircraft, or railway equipment. This term encompasses all modes of transportation that can be operated or navigated, which highlights the broad scope of what can be considered under driving and transportation-related offences.
What is the Difference Between Careless and Dangerous Driving?
Dangerous driving is a criminal offence under the Criminal Code, while careless driving (sometimes called reckless driving) is a regulatory or provincial offence under the Ontario Highway Traffic Act.
Careless driving in Ontario, defined under section 130 of the Highway Traffic Act, occurs when a person drives a vehicle or streetcar on a highway without due care and attention or without reasonable consideration for others using the highway.
If convicted, the penalties include a fine ranging from $400 to $2,000, imprisonment for up to six months, or both. Additionally, the driver’s license or permit may be suspended for up to two years.
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Defending You Against the Dangerous Operation Charge in the GTA
Facing a Dangerous Operation charge in the GTA? GSP Law is here to defend you. With knowledge and a commitment to your rights, we provide strategic legal counsel to resolve the complexities of your case. Contact us today to discuss your defence options and protect your future.
What Is the Dangerous Operation Charge?
The seriousness of a Dangerous Operation charge determines the potential penalties under Canadian law. If convicted, the penalties vary based on whether the Crown proceeds by indictment or summary conviction.
For Dangerous Driving, the maximum penalty is up to 10 years imprisonment if indicted, or up to 2 years less a day or a $5000 fine if summarily convicted.
Dangerous Driving Causing Bodily Harm can result in up to 14 years imprisonment if indicted, or up to 2 years less a day or a $5000 fine if summarily convicted. In cases where Dangerous Driving results in death, the maximum penalty is life imprisonment.
These charges underscore the critical importance of legal representation to navigate the complexities and protect your rights effectively.
What Are the Penalties for Dangerous Operation?
If convicted under Section 320.13 of the Criminal Code for dangerous operation, penalties vary depending on the severity of the offence. For a summary conviction, you could face up to two years less a day, while an indictable offence may lead to up to 10 years in prison.
If your dangerous operation causes bodily harm, dangerous operation of a motor vehicle penalty can reach up to 14 years (indictment) or two years less a day (summary conviction), alongside fines, varying based on prior offences.
For cases resulting in death, penalties include a minimum of those for bodily harm and a maximum of life imprisonment.
What Other Consequences Are There for a Dangerous Driving Conviction?
Apart from potential imprisonment, a conviction for dangerous driving or careless driving can lead to several other significant consequences:
- Ineligibility to travel to the United States
- Negative effects on employment opportunities
- Inability to register with professional regulatory bodies
- Implications for ongoing or future court proceedings
- Loss of driving privileges
Don’t Face the Court Alone – Call GSP Law Today
At GSP Law, we understand that facing legal issues can be overwhelming and stressful, which is why we’ll guide you through every step of the process. Get in touch with GSP Law today to schedule a consultation and start working towards a favorable resolution.
Defences Available to a Charge of Dangerous Operation
The defences available to you depend on the specifics of your case. Here are some potential defences in a Dangerous Operation charge:
1. Factual Innocence
The prosecution must prove these elements beyond a reasonable doubt:
- Your identity as the accused
- The date, time, and location of the incident
- That you operated a “conveyance” as defined in the Criminal Code
- That your operation of the conveyance was dangerous to the public
- That you knew or should have known the operation was dangerous
2. Involuntary Intoxication
If you involuntarily consumed drugs or alcohol, it might negate the intent behind your actions. This defence doesn’t apply if you voluntarily took the substance.
3. Unexpected Medical Impairment
If you experienced an unexpected medical emergency, like a seizure or fainting, while driving, it may serve as a defence. However, if you had a medical condition and chose not to take your medication, this defence likely won’t apply.
4. Violation of Charter Rights
Under the Canadian Charter of Rights and Freedoms, you have specific rights, including:
- Protection against unreasonable search and seizure
- Protection against arbitrary detention
- The right to be informed of the reasons for arrest
- The right to legal counsel without delay
- The right to a timely trial
A successful Charter challenge could result in a stay of proceedings or the exclusion of evidence from your case.
How Can I Defend Myself Against a Dangerous Driving Charge?
Defending a dangerous driving charge starts with getting the right legal advice. When you contact GSP Law for a consultation, we’ll review your charges and provide initial advice on how to proceed. Once you hire us, we’ll work on your defence to ensure the best possible outcome by:
- Conducting research and legal analysis
- Reviewing all evidence
- Interviewing witnesses
- Attending court on your behalf
- Developing a legal strategy if the case goes to trial
- Negotiating with the Crown to explore having the charges withdrawn or achieving more favorable outcomes to avoid a criminal record
With GSP Law, you can be confident you’re receiving expert criminal defence for your dangerous driving charges.
Accused of Dangerous Driving Lawyer Toronto? Get Legal Help Now
We’ll review your case, gather evidence, and develop a strategic defence to protect your rights and work towards the best possible outcome.
Why Choose GSP Law As Your Dangerous Driving Lawyer Brampton, GTA, Ontario?
Choosing the right lawyer to defend you against careless driving charges is crucial. Here’s why GSP Law stands out:
Extensive Experience
We have years of experience handling careless driving cases in Brampton and the Greater Toronto Area to make sure you receive knowledgeable and competent representation.
Strong Legal Expertise
GSP Law stays updated on the latest traffic laws and legal precedents to make sure we employ the most effective defence tactics.
Commitment to Excellence
Our commitment to excellence ensures you get the best defence against careless driving charges.
Strategic Defence
We are skilled and professional in developing robust defence strategies to challenge the evidence and protect your rights.
Our Specific Careless Driving Service Areas
Here are our focus areas for careless driving services:
- Toronto
- Orangeville
- Brampton
- Mississauga
- Vaughan
- Markham
- Richmond Hill
Get Legal Representation for Dangerous Operation Charges in the GTA
We understand the challenges of dangerous operation charges and offer strong advocacy and strategic defence. Contact us to schedule a consultation and prepare your defence against these serious allegations.
Frequently Asked Questions About Dangerous Driving
Will I lose my license for dangerous driving?
According to section 320.24(1) of the Criminal Code, if convicted of dangerous driving resulting in death or bodily harm, you face a minimum one-year license suspension. The duration of the prohibition/suspension varies based on the number of previous offenses committed.
How do I change my release conditions for dangerous driving charges?
When facing dangerous driving charges in Toronto, your release conditions may initially involve requirements such as a surety, cash deposit, or no-cash deposit for bail. Additionally, you may be subject to strict restrictions, including conditions to:
- Refrain from driving any motor vehicle,
- Adhere to a specified curfew,
- Avoid breaking any laws,
- Abstain from using drugs or alcohol,
- Not possess weapons,
- Stay away from certain locations, and/or
- Limit travel.
What is the usual sentence for dangerous driving in Ontario?
The usual sentence for dangerous driving in Ontario can include a lifelong criminal record, mandatory driving license suspension for 1-year, potential jail time of up to 5 years, a fine ranging from $1,000 to $10,000, imposition of 6 demerit points, and criminal probation.
Each case is unique, and the sentence for dangerous driving can vary depending on the specific circumstances of the offense and the discretion of the judge.
Does dangerous driving go on a criminal record?
Yes, dangerous driving goes on a criminal record in Ontario. It is classified as a criminal offence under the Criminal Code of Canada, and a conviction for this offence will result in a criminal record.
Important Professional Disclaimer:
This website does not and cannot contain legal advice. The legal information provided on this page, especially the potential defences cited, is for general information and educational purposes only. No part of it is meant to be used as a substitute for professional advice.
Accordingly, we encourage you to consult a professional to provide you with legal advice fit for your case before taking any action based upon such information.
GSP Law cannot be held accountable nor liable for misinterpretation of the cited potential defences for dangerous operation charges, and they are not legal advice nor guidance given on this website.
GSP Law encourages users of this website to consult with local counsel or contact us for actual legal advice or guidance.
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We understand how stressful it might be to face a possible DUI conviction or criminal record. To provide superior legal services with professionalism, honesty, and dedication is our mission.
Regardless of your current situation in the criminal justice system, it is vital to acquire a criminal defence lawyer as soon as possible.
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