A Guide to Dangerous Driving in Ontario: Definitions, Consequences, and Defences
Dangerous driving is far more common than most people realize, and in Ontario, it's considered a serious offence under the Criminal Code of Canada. You don’t have to be involved in a major crash or have a long history of bad driving to find yourself facing this kind of charge. In reality, a single moment of poor decision-making—such as excessively speeding in traffic, erratically weaving between lanes, or spending too long distracted by your phone—can quickly lead to significant legal consequences.
The law doesn't always leave room for excuses. If your driving is deemed to pose a danger to the public, even if no one was hurt, you could be charged with dangerous driving under the Criminal Code of Canada. And once you're charged, the consequences can be tough. We're talking about possible jail time, a criminal record, higher insurance rates, and even problems with employment or travel. It’s not something to brush off.
But here's the good news—being charged doesn’t automatically mean you’ll be convicted. There are legal defences, and every situation is different. What matters most is understanding what the charge really means, what you're up against, and how the system works in Ontario. That way, you’re not caught off guard if it ever happens to you or someone you know.
This guide breaks down the key facts in simple terms. We’ll cover what qualifies as dangerous driving, how it's different from careless driving, what penalties you might face, and how a defence can be built. No confusing legal jargon—just real, clear information you can use. Let’s start with the basics.
What is Dangerous Driving in Ontario?
Dangerous driving is more than just careless behavior on the road—it’s a criminal offence across Canada, including in Ontario, with serious legal consequences. It involves driving in a way that puts other people at risk, even if no accident happens. The law takes this very seriously, especially when someone’s life or safety is in danger because of how a vehicle is being operated.
Under section 320.13(1) of the Criminal Code of Canada, dangerous driving refers to operating a motor vehicle in a way that endangers the public, taking into account all relevant factors such as road and traffic conditions. This includes things like weather, visibility, traffic volume, and the way the driver is handling the vehicle. If police believe your driving was risky or reckless, you can be charged—even if no one was hurt.
Excessive Speeding
In Ontario, driving at speeds much higher than the legal limit is a common type of dangerous driving. This isn’t just about surpassing the limit by a few kilometres per hour—charges typically involve speeds that are blatantly unsafe given the current conditions. Such speeds are viewed by law enforcement and the courts as a clear disregard for public safety.
Racing or Stunt Driving
Engaging in vehicle races or performing stunts on public roads is another form of dangerous driving. This involves sudden, erratic maneuvers like lane changes, burnouts, or wheelies. These actions aren’t just about an adrenaline rush or showing off—they carry serious legal risks, as they can lead to a loss of control or collisions. While stunt driving is explicitly prohibited under Ontario’s Highway Traffic Act, certain instances may also trigger criminal dangerous driving charges.
Distracted or Aggressive Driving
Activities such as texting, incessantly checking your phone, or even eating while driving might seem minor, but they still fall under distracted driving. When distraction reaches a level that puts others in danger, it can lead to a dangerous driving charge. Similarly, aggressive behaviors such as tailgating or weaving through traffic dramatically increase the risk of accidents. These habits often increase the risk of collisions, and that’s what the law is trying to prevent.
Driving in a Way That Endangers the Public
Even if you think you’re in control, the way you drive is judged based on how it could reasonably impact others. Actions such as running red lights, ignoring stop signs, or speeding through residential zones may not always result in immediate harm, but they reflect a reckless disregard for public safety. The law is more concerned with the potential danger rather than just actual outcomes, which is why even a single thoughtless maneuver can lead to criminal charges.
Dangerous Driving vs. Careless Driving
Although dangerous driving and careless driving might appear similar, Ontario law treats them distinctly.
Dangerous driving is a criminal offence under the Criminal Code of Canada. It involves driving in a manner that is markedly different from what a reasonable person would consider safe. This includes activities such as racing, extreme speeding, or engaging in reckless stunts. If convicted, the consequences are severe: a criminal record, licence suspension, fines, or potentially jail time.
Careless driving, on the other hand, is a provincial offence under Ontario’s Highway Traffic Act (HTA). It occurs when you drive without the necessary care or attention, but without the higher threshold of risk required for a criminal charge. Common examples include minor collisions, drifting across lanes, or rolling through stop signs. Though still serious, penalties for careless driving typically involve fines, demerit points, and possibly licence suspension—but crucially, it does not result in a criminal record.
How Dangerous Driving is Assessed in Ontario
In Ontario, dangerous driving is judged not just by what happened, but by how the driver behaved and whether that conduct posed a clear danger to the public. Authorities meticulously consider specific behaviours such as excessive speeding, erratic lane changes, and failure to adhere to traffic signals. If the behaviour shows a clear lack of care for others on the road, it may cross the line into criminal dangerous driving. The Criminal Code focuses on whether the driver’s actions represented a “marked departure” from what a reasonable person would have done under similar circumstances.
Conditions on the road also matter. Neglecting to adapt driving to the weather, traffic density, or immediate environment—such as recklessly speeding in residential zones or failing to adjust for heavy rainfall—can be seen as reckless. Additionally, driving under the influence of alcohol, drugs, or significant distractions such as smartphone use substantially compounds the risk of harm. These actions reflect not only a lack of judgment but also an increased threat to public safety.
Another factor is the driver’s awareness and management of potential risks. Responsible drivers actively scan for potential hazards, modify their speed accordingly, and maintain constant vigilance. Dangerous driving often arises from either ignoring or failing to recognize these evident risks. While the charge itself doesn’t depend on your driving history, prior behaviour—such as repeat offences or a pattern of careless or risky driving—can influence sentencing if you are convicted.
Understanding these elements helps drivers see what the law expects. Being alert, cautious, and respectful of road rules isn’t just safe—it’s how you avoid facing a criminal charge for dangerous driving.
Penalties and Consequences in Dangerous Driving
Once you're convicted of dangerous driving in Ontario, the consequences can be wide-ranging and long-lasting. Often, the impact extends far beyond the courtroom. This section outlines the key penalties you may face—both legal and personal—and why taking a dangerous driving charge seriously is crucial.
Criminal Record and Jail Time
Being convicted of dangerous driving leads to a criminal record, which may impact employment opportunities, the ability to secure housing, and international travel. Even if no one was hurt, jail time is still a possibility—up to 10 years for dangerous driving causing bodily harm, and up to 14 years if it causes death. For a first offence without injury, the maximum sentence is 5 years. Jail affects your mental health, disrupts your family life, and can permanently alter your path forward.
Licence Suspension and Vehicle Impoundment
If convicted, your driver’s licence will likely be suspended. Suspensions can last for months or even years based on the severity of the offence. This can make it hard to get to work, school, or care for dependents. In many cases, your vehicle may also be impounded—especially if the dangerous driving is linked with other offences like stunt driving or impaired driving. This means your car is taken away, and you might need to pay fees to get it back. Having your vehicle impounded can disrupt your daily routine and impact your ability to go to work or take care of family obligations.
Fines and Insurance Increases
While the Criminal Code doesn’t impose a set minimum fine for dangerous driving, courts may impose fines at their discretion—especially for first-time offenders. The financial impact doesn’t stop there. You’ll likely see a major spike in your insurance premiums. Drivers with dangerous driving convictions are considered high-risk, which can make coverage unaffordable or even lead to denial of coverage.
Mandatory Education Programs
After a conviction, you might be required to attend driving courses or educational programs. These are designed to improve your driving skills and reduce recidivism. While these programs can be time-consuming and costly, they provide valuable lessons that could prevent future dangerous driving incidents.
Impact on Employment and Travel
A criminal record from dangerous driving can limit your ability to work in fields like transportation, delivery, or anything involving driving. Even non-driving jobs may be affected if employers view the conviction as a red flag. Additionally, some countries may deny entry to individuals with criminal records, particularly the United States, which can interfere with personal or business travel.
Long-Term Damage to Reputation and Personal Life
Beyond the legal penalties, a dangerous driving conviction can damage your personal relationships and reputation. Friends, family, and employers may view you differently, and rebuilding trust takes time. The emotional weight of stigma is often one of the hardest consequences to face. Also, maintaining and reclaiming trust requires commitment to personal growth and responsibility.
The consequences of a dangerous driving conviction in Ontario go far beyond a ticket or court appearance. From legal penalties to personal setbacks, the impact can follow you for years. Staying informed about the risks—and knowing your rights—is key to protecting your future and making safer decisions behind the wheel.
Understanding the Legal Process Following a Dangerous Driving Charge
A charge of dangerous driving in Ontario sets off a structured legal process, often unfamiliar and overwhelming for those involved. From the moment of arrest to the possibility of a trial or appeal, each stage carries important legal rights, deadlines, and decisions. This section outlines what typically happens after a charge is laid, helping readers understand how the criminal justice system handles these cases.
Arrest and Charge by Police
Upon suspicion of dangerous driving, the police may decide to arrest the individual at the scene or afterwards. Following this, they will formally charge the person and explain the nature of the accusation. It is essential that the accused remains aware of their rights and seeks legal counsel as promptly as possible. Early legal advice is beneficial in understanding the charge, ensuring Charter rights are protected, and preparing for the legal process ahead.
Release with Conditions or Held for Bail
Once charges are laid, the police might release the accused on an undertaking or promise to appear, often with conditions such as surrendering their driver’s licence, avoiding contact with specific persons, or adhering to a curfew. In more serious cases—or if the police decide not to release the individual—a bail hearing (judicial interim release hearing) will be held. During the hearing, a judge or justice of the peace decides whether release will be granted and under what conditions. Strict compliance with these terms is essential to avoid further legal trouble.
First Court Appearance
The initial court proceeding is not a trial or plea hearing, but rather an administrative appearance, often before a justice of the peace. During this appearance, the accused receives disclosure, confirms legal representation, and is assigned future court dates. Attendance is crucial, as failing to appear can lead to additional legal issues, including a bench warrant.
Disclosure of Evidence by the Crown
Before a trial, the prosecution, referred to as the Crown, is obliged to disclose all evidence against the accused. This includes police reports, witness testimony, and any relevant physical evidence. Reviewing this evidence is critical for the accused and their lawyer to assess the case's strengths and prepare their defence strategy.
Pre-Trial Discussions or Resolution Meetings
These meetings are opportunities for the defence and prosecution to discuss the case. They might talk about issues with the evidence, potential weaknesses, or even the possibility of resolving the case without a trial. Sometimes these discussions can lead to agreements that satisfy both parties, which can lead to reduced charges or penalties. These meetings can set the tone for how the case might progress.
Possible Plea Deal Negotiations
In the legal process, plea bargains are frequently used. These involve the accused admitting guilt to a lesser offence in return for a lighter penalty. This approach can be advantageous by circumventing the stress and unpredictability of a trial. Nonetheless, deciding to accept a plea deal is crucial and should be thoroughly discussed with a legal representative.
Trial (If No Resolution Is Reached)
Should no agreement or plea deal materialize, the case advances to trial. During this stage, both the defence and Crown present evidence, examine witnesses, and deliver arguments. A judge—or a jury, if elected by the accused and the charge is eligible—will assess the evidence and render a verdict of guilty or not guilty. Trials can be complex and lengthy, so thorough preparation and skilled legal representation are essential.
Verdict by Judge (or Jury in Rare Cases)
Following the presentation of both sides, a judge—or in some serious criminal cases where a jury is elected, a jury—delivers a verdict. Most dangerous driving trials in Ontario are heard by a judge alone in the Ontario Court of Justice. If a jury is involved, they must unanimously decide on guilt. The verdict is binding unless valid grounds for appeal exist. The outcome will determine whether sentencing follows.
Sentencing (If Found Guilty)
If the accused is found guilty, the next step is sentencing. Sentencing is where the judge decides what penalties or punishments the accused will face. This could include fines, driving bans, community service, or even jail time. During sentencing, both the prosecution and defence can present further information to influence the judge's decision, including the accused’s past behavior and circumstances.
Potential for Appeal
If the verdict is unfavorable, the accused has the right to file an appeal. This means asking a higher court to review the case for legal errors that may have affected the outcome. Provided there are substantial grounds—such as errors in law, procedural unfairness, or unreasonable findings—the appellate court can overturn the conviction, reduce the sentence, or order a new trial. There are strict timelines for filing an appeal, so legal advice is essential early on.
Whether the case ends in resolution, trial, or appeal, understanding the legal process is essential for making informed decisions. Legal advice is not just helpful—it’s critical to ensuring rights are protected and the best possible outcome is pursued.
Why Legal Help Matters: The High Stakes of Dangerous Driving Charges
In Ontario, dangerous driving charges differ significantly from standard traffic violations. These charges fall under the Criminal Code of Canada, which means a person can end up with a criminal record if convicted. Unlike minor infractions, a criminal record can linger for years, affecting employment opportunities, international travel, and access to affordable insurance rates.
The penalties for dangerous driving can be serious. Depending on the circumstances, a conviction may result in fines, a driving prohibition, probation, or even imprisonment. The exact outcome depends on factors like how dangerous the driving was, whether there was bodily harm or death, and the driver’s prior record. Importantly, it's critical to note that even without injuries, a person can still face a criminal conviction and significant penalties, simply based on how the behaviour is evaluated under the law.
Many people don’t realize how complex and dangerous a driving charge can be. The law doesn’t just look at the outcome—it considers the driver’s conduct compared to what a reasonable person would do in similar circumstances. Intent is not required for a conviction. That makes these cases difficult to navigate without a solid understanding of how the legal system works. A missed deadline, procedural mistake, or poorly presented argument can have serious consequences.
On top of that, dealing with a criminal court in Ontario takes time, preparation, and legal knowledge. There are rules about evidence, courtroom procedures, and how to make legal submissions. These aren’t easy to manage alone. People charged with dangerous driving often feel overwhelmed, unsure of what to expect, or how to protect themselves from long-term consequences.
Common Defences to Dangerous Driving Charges in Ontario
Dangerous driving charges in Ontario carry serious penalties, including fines, driver's licence suspension, or even imprisonment. However, there are several defences that a person accused of dangerous driving might consider. It's important to evaluate the circumstances around each case and consult with legal experts if necessary. Let's look at some defences commonly used in dangerous driving allegations below:
Lack of Intent or Marked Departure
One potential defence is that the driving did not amount to a marked departure from what a reasonable driver would do in the same situation. It is the prosecution’s responsibility to show that the driver’s behaviour was a marked departure from the level of care a reasonable driver would exercise. If the defence can show that the accused acted reasonably under the circumstances—or that the driving, while imperfect, was not criminally dangerous—it may be enough to prevent a conviction.
Momentary Lapse of Judgment
Another potential defence is that the incident resulted from a brief lapse in attention or judgment, rather than prolonged recklessness. While this does not automatically excuse the behaviour, courts may consider whether the conduct reflects a momentary error rather than a sustained pattern of dangerous driving. This distinction can be important in determining criminal responsibility.
Emergency or Sudden Medical Condition
In some cases, a dangerous driving incident might result from a sudden and unexpected medical event, such as a seizure or cardiac issue. If the driver can demonstrate that they had no prior warning or reason to expect the condition—and that it caused a loss of control—it may serve as a complete defence. Medical records and expert evidence are often key in supporting this claim.
Mechanical Failure
If the vehicle experienced a mechanical failure that contributed to the incident, the defence may argue that the driver was not at fault. For this defence to succeed, there must be evidence that the issue was not foreseeable or preventable, and that the driver had taken reasonable steps to maintain the vehicle. Repair logs and inspection records can be critical here.
Poor Road or Weather Conditions
Sometimes, external conditions such as icy roads, poor visibility, or unexpected hazards may contribute to what appears to be dangerous driving. If the driver can show they were operating the vehicle with reasonable care in light of those conditions, it may help cast doubt on whether their behaviour met the threshold for a criminal offence.
No Marked Risk to Public Safety
This defence involves arguing that, while the driving may have been unusual or even improper, it did not create a marked or significant risk to public safety. Since the law focuses on whether the conduct endangered the public, showing that no such risk existed under the circumstances can be a relevant argument—particularly where no one was present or affected.
Violation of Charter Rights
In some cases, the defence may challenge how the evidence was obtained. If the accused’s Charter rights were violated—such as through an unlawful traffic stop, detention, or search—then any evidence gathered as a result could be excluded from the trial. This could weaken or collapse the prosecution's case entirely, depending on the facts.
Exploring these defences involves understanding the intricacies of the law and the evidence in each individual case. Because dangerous driving is a criminal offence, the stakes are high. Anyone facing this kind of charge should consult with an experienced criminal defence lawyer to determine the most effective legal strategy based on their specific circumstances.
Final Thoughts: How Sadro Law Can Help
A dangerous driving charge in Ontario is not something to take lightly. These offences carry serious consequences that go far beyond a simple ticket. Being convicted under the Criminal Code can result in a criminal record, potential jail time, and long-term impacts on your ability to drive, secure employment, or travel internationally. As we’ve outlined, these cases are complex—built on legal standards that assess whether your driving amounted to a “marked departure” from how a reasonable driver would act in the same situation. It’s not just about what occurred on the road, but how the incident is interpreted in court.
When facing a charge like this, understanding the law and knowing what steps to take next is key. Dangerous driving cases often involve police reports, witness statements, surveillance or dashcam footage, and expert evidence. Without proper legal guidance, it’s easy to overlook critical details that could support your defence or even result in reduced charges. Acting promptly and obtaining legal advice early can greatly affect the outcome of your case.
Sadro Law has extensive experience defending dangerous driving charges across Ontario. We understand how these cases are prosecuted—and more importantly, how they can be challenged. From scrutinizing evidence to questioning the legality of a traffic stop, we work closely with each client to build a tailored, focused defence based on the facts. Every case is different, and that’s exactly how we approach it—with personalized strategies, not one-size-fits-all solutions.
If you're facing a dangerous driving charge, don’t wait to get the help you need. Contact Sadro Law today for a free consultation. We're here to protect your rights, guide you through the legal process, and fight for the best possible outcome.
Frequently Asked Questions
If you're dealing with a dangerous driving charge or just want to better understand your rights and risks on the road, these common questions can help clarify what to expect.
Is dangerous driving a criminal offence in Canada?
Yes, dangerous driving is considered a criminal offence in Canada under Section 320.13 of the Criminal Code of Canada. It refers to driving in a way that creates a serious danger to others on the road. If convicted, a person can face serious penalties, including fines, driver’s licence suspension, and even imprisonment. This reflects how seriously Canadian law treats dangerous driving offences.
Do I have to go to court for a dangerous driving charge?
Yes. If you are charged with dangerous driving in Ontario, you are legally required to attend court unless your lawyer is authorized to appear on your behalf. It’s essential that you attend your court appearances, as dangerous driving is a criminal offence and the court will proceed based on the evidence and legal arguments submitted. Missing a scheduled appearance can lead to a warrant being issued for your arrest and may result in further legal consequences.
Can I be charged with dangerous driving if no one was hurt?
Yes, it’s possible to be charged with dangerous driving even if no injuries occurred. The charge is based on how the vehicle was operated—not the outcome. What matters most is whether the driving behavior posed a risk to public safety or endangered others on the road, regardless of whether a collision or injury took place.
What if I wasn’t aware my driving was dangerous?
Not being aware that your driving was dangerous is not usually a valid defence. Dangerous driving is assessed based on an objective standard—what a reasonable person would have done in the same situation. If your driving fell significantly below that standard, you can still be held criminally responsible, even if you didn’t realize it at the time.
How early should I contact a lawyer after being charged?
You should contact a criminal defence lawyer as soon as possible after being charged with dangerous driving. Early legal advice can help you understand your rights, protect your interests, and guide you through the next steps. A lawyer can also begin reviewing disclosure and preparing your defence strategy from the outset.
Do I need a criminal defence lawyer for a dangerous driving charge?
It is highly advisable to hire a criminal defence lawyer if you’re facing a dangerous driving charge. Since this is a criminal matter, a conviction can result in a criminal record and even time in jail. A defence lawyer can help you understand the nature of the allegations, assess potential defences, negotiate with the Crown prosecutor, and provide representation throughout the court process.
What does a lawyer do in a dangerous driving case?
In a dangerous driving case, a defence lawyer will examine the evidence provided by the Crown, including police reports, surveillance footage, and witness accounts. They will assess the case for any legal or procedural issues that could strengthen your defence. A lawyer can also engage in negotiations with the prosecution to seek reduced charges or lighter penalties and will advocate for you during court proceedings or at trial. Their primary objective is to safeguard your rights and pursue the most favorable result possible.
