Toronto Criminal Defence Lawyers Fighting Dangerous Driving Charges

Facing a charge of dangerous operation of a vehicle under the Criminal Code of Canada can be a profoundly unsettling experience. The potential consequences, ranging from severe fines and licence suspensions to lengthy imprisonment, demand immediate and strategic legal intervention.

At Over 80 Law by Stephen Price & Associates, we understand the gravity of these charges and are committed to providing a robust defence rooted in over 60 years of proven experience. Our firm is a pillar of legal excellence in Toronto and throughout Ontario, offering comprehensive representation to protect your rights and safeguard your future.

Dangerous Operation of a Vehicle in Ontario

Dangerous operation of a conveyance, often referred to as dangerous driving, is a serious criminal offence defined in section 320.13(1) of the Criminal Code. It occurs when a person operates a conveyance in a manner that is dangerous to the public, considering all the circumstances. A “conveyance” means a motor vehicle, vessel, aircraft, or railway equipment. Some of the circumstances that may be at issue in determining whether an offence has been committed under section 320.13(1) include the nature, condition, and use of the place where the conveyance is being operated and the amount of traffic that is or might reasonably be expected to be at the place where the offence occurs.

Examples of “Dangerous Operation” of a Vehicle

The broad definition of “dangerous operation” of a conveyance (vehicle) under the Criminal Code encompasses a wide range of actions, including but not limited to:

Excessive speeding;
Reckless driving in residential areas;
Street racing or stunt driving;
Distracted driving;
Driving while impaired and engaging in dangerous maneuvers;
Running red lights or stop signs;
Aggressive driving and road rage incidents; and
Driving in a manner that forces other drivers to take evasive action.

Determining whether an operation is “dangerous” is highly fact-specific and depends on the totality of the circumstances. Essentially, the Crown must prove beyond a reasonable doubt your driving posed a significant risk to others and that a reasonable person would have recognized that risk. Unlike impaired driving, which focuses on the driver’s state of impairment, dangerous operation focuses on the manner of driving itself.

Over 80 Law: A Strong Defence Against a Serious Offence

At Over 80 Law, we recognize a charge of dangerous operation can have devastating consequences. Our team of experienced criminal defence lawyers possesses a deep understanding of the Criminal Code and the intricacies of dangerous operation cases. We provide:

Decades of Experience: For over 60 years, our firm has defended individuals facing a wide range of driving-related offences, including dangerous operation cases. This extensive experience has equipped our legal team with significant insight and knowledge of the Criminal Code of Canada and the procedural nuances of criminal litigation.
A Collaborative Team Working Just for You: When you hire us, you’re not just getting a lawyer — you’re getting a team. Your primary lawyer leads your case, but our entire firm, including other lawyers and skilled students, collaborates to build the best possible defence. This team approach ensures no detail is missed—without unnecessarily racking up your legal fees.
Proven Track Record of Protecting Rights and Minimizing Consequences: Our firm has a history of achieving successful outcomes for our clients, including dismissals and reduced charges. Our primary focus is to protect your rights and minimize the potential consequences of a dangerous operation conviction. We strive to achieve the best possible outcome for every client, whether through negotiation, plea bargaining, or trial.
24/7 Availability and Support: Legal challenges can arise at any time. We offer 24/7 availability and support, ensuring you have access to legal counsel when needed.

Beyond Dangerous Operation: Related Criminal Code Offences

In addition to dangerous operation under section 320.13(1), the Criminal Code outlines several related offences that can carry even more severe penalties.

Dangerous Operation Causing Bodily Harm

If your dangerous driving results in bodily harm to another person, you can be charged with dangerous operation causing bodily harm under section 320.13(2) of the Criminal Code. This is a more serious offence than dangerous operation with significantly harsher penalties. The Crown must prove your dangerous driving directly caused the injuries suffered by the victim.

Dangerous Operation Causing Death

Tragically, dangerous driving can sometimes result in fatalities. If your actions lead to the death of another person, you can be charged with dangerous operation causing death under section 320.13(3) of the Criminal Code. This is a grave offence with the potential for life imprisonment. The Crown must demonstrate a clear causal link between your dangerous driving and the victim’s death.

Operation While Prohibited

If you are caught operating a vehicle while your licence is suspended or prohibited due to a previous driving offence, you can be charged with operation while prohibited (section 320.18(1)). This offence carries significant penalties, including further licence suspensions and potential imprisonment.

Failure to Stop After Accident Resulting in Bodily Harm or Death

If you are involved in a motor vehicle accident that results in bodily harm or death, and you fail to stop and provide assistance, you can face severe criminal charges under section 320.16. This offence is separate from the initial accident and focuses on your actions after the collision.

Flight from Peace Officer

Failing to stop when pursued by a peace officer and doing so in a dangerous manner is an offence under section 320.17 of the Criminal Code. This charge is often added if a person is fleeing during a dangerous operation.

The Importance of Early Legal Intervention in Dangerous Driving Offences

When facing a charge of dangerous operation and related offences, the timing of legal representation is paramount for protecting your rights through the legal process. Early intervention allows our team to:

Gather Crucial Evidence: We can immediately begin investigating the circumstances of the incident, collecting witness statements, and preserving potentially exculpatory evidence. We will also assess whether there is evidence of mitigating circumstances contributing to the alleged dangerous operation.
Challenge the Crown’s Evidence: We can scrutinize the Crown’s evidence, identify weaknesses, and challenge the admissibility of certain evidence.
Negotiate With the Crown Attorney: We can engage in early discussions with the Crown Attorney to explore potential resolutions, such as reduced charges or alternative sentencing options.
Obtain Expert Testimony: We may retain expert witnesses, such as accident reconstruction specialists, to provide testimony on your behalf.

Safeguard Your Driving Privileges: Contact the Dangerous Driving Lawyers at Over 80 Law in Toronto

If you have been charged with dangerous operation of a conveyance or a related offence, it is crucial to seek legal representation immediately. With a combined 60+ years of experience, we provide a robust defence for clients facing all types of driving offences in Toronto and throughout Ontario, from impaired driving (DUIs) and dangerous operation to failure to stop and remain, refusal to comply, and a broad spectrum of Highway Traffic Act charges.

No matter where you are in Ontario, our experienced criminal defence lawyers are ready to fight for you. From major cities like Toronto, Ottawa, and Hamilton to remote areas like Sudbury, Thunder Bay, and Kenora, we serve clients across the province — in person or virtually. Contact Over 80 Law by Stephen Price & Associates by phone at 416.365.0766 or by email to schedule a confidential consultation.