Dangerous operation offences are often intricate and involve several factors that the courts take into account when defining what constitutes an actual charge. In order to be convicted, the Crown must demonstrate that you were driving in a manner that was dangerous to the public, with regard to the circumstances. When facing potential jail time, seeking the expertise of a local lawyer who is familiar with the local area, laws, regulations, and prosecution will enable you to devise a suitable defence strategy for your case and ideally minimize the impact of a dangerous operation charge.
The most common charges under a dangerous operation offence are:
- Dangerous operation of a conveyance – Criminal Code s. 320.13(1)
- Dangerous operation of a conveyance causing bodily harm – Criminal Code s. 320.13(2)
- Dangerous operation of a conveyance causing death – Criminal Code s. 320.13(3)
- Criminal record
- For Dangerous Operation – no minimum sentence, maximum two years in prison on a summary offence, or maximum ten years in prison on an indictable offence, plus a prohibition from operating of up to three years
- For Dangerous Operation Causing Bodily Harm – a minimum punishment on first offence of $1000 fine, on second offence a minimum 30 days prison, for a third or subsequent offence a minimum of 120 days in prison, plus a prohibition from operating of up to ten years
- For Dangerous Operation Causing Death – a minimum punishment on first offence of $1000 fine, on second offence a minimum 30 days prison, for a third or subsequent offence a minimum of 120 days in prison, plus a prohibition from operating of any length the court considers appropriate
- Significantly higher insurance rates
- Drivers with previous convictions for dangerous driving or impaired driving may face a longer licence suspension
- The term “operation” now includes having care or control over a conveyance
- A conveyance can be any type of machine not operated by human power alone, so it includes not only all cars, trucks and motorcycles, but also mopeds, powered bicycles and scooters. It also includes boats and trains.
Dangerous Driving can be a ‘judgement call’ kind of charge. Having Mike review your case can open many options for resolving your file.Will I lose my licence?
A conviction for Dangerous Driving will lead to a suspension, possibly more than one year in length.