Mississauga · Brampton · Peel RegionCall 24/7: (647) 223-1980

Dangerous Driving Lawyer Mississauga & Brampton

Dildeep Sahi
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Trained at an Ontario Crown Attorney's Office.

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  • English, Punjabi and Hindi

Charged with dangerous driving? Tell us what happened.

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Criminal Lawyers' Association
Peel Law Association
York Region Law Association
RegulatorLaw Society of Ontario / Barreau de l’Ontario

Dangerous driving is a criminal offence under section 320.13 of the Criminal Code. The Crown must prove your driving was dangerous to the public and a marked departure from how a careful driver would act. The maximum is 10 years, and higher if someone was hurt or killed. A lawyer can review the evidence.

A dangerous driving charge often starts with a split second: a lane change, a collision, a police car behind you. Suddenly you face a criminal charge, rules about whether you can drive, and questions about your licence, your job and your record.

We defend dangerous driving and other Criminal Code driving charges, including failing to stop after an accident, fleeing police and driving while prohibited, in Mississauga, Brampton and across Ontario.

WHAT'S AT STAKE

What's at stake

LICENCEJOBINSURANCETRAVELRECORDTHE CHARGE
  1. Your licenceA conviction brings an automatic Ontario licence suspension, and the court can add a driving ban. A discharge can also affect your licence. We explain exactly what applies to you, and for how long.
  2. Your jobIf you drive for work, a suspension or a criminal record can affect your employment. We tell you what to disclose, and when.
  3. Your insuranceInsurers may raise your rates or refuse coverage after a criminal driving conviction. We look for outcomes that limit that damage.
  4. Your travel and statusA conviction can affect U.S. entry and immigration status. We assess this before any resolution.
  5. Your recordA withdrawal, or a resolution to a non-criminal charge, is not a criminal conviction. We explain which options may apply to you.

The earlier a lawyer is involved, the more can be protected.

Call (647) 223-1980Request a free consultation

RELATED GUIDES

Keep reading

6 GUIDES
SentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Dangerous drivingDangerous driving sentences and driving bansPossible sentences, driving bans and licence effects for dangerous driving.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.Dangerous drivingDangerous vs careless drivingHow a criminal charge differs from a provincial careless driving charge.

Penalties

Penalties and consequences

Each charge is grouped by its maximum sentence if the Crown proceeds by indictment.

Life14 years10 years
Lifemaximum
Indictment only$1,000 minimum fine*No discharge
  • Dangerous operation causing death

    s. 320.13(3)
  • Failure to stop after an accident causing death

    s. 320.16(3)
14years maximum
Hybrid$1,000 minimum fine*, even if summaryNo discharge
  • Dangerous operation causing bodily harm

    s. 320.13(2)
  • Failure to stop after an accident causing bodily harm

    s. 320.16(2)
10years maximum
HybridNo minimum sentenceDischarge may be possible
  • Dangerous operation

    s. 320.13(1)
  • Failure to stop after an accident

    s. 320.16(1)
  • Flight from a peace officer

    s. 320.17
  • Driving while prohibited

    s. 320.18(1)

Hybrid means the Crown can proceed by indictment or summarily. A summary proceeding has a lower maximum.

* For harm or death offences, a second offence carries a minimum of 30 days in jail, and each later offence a minimum of 120 days.

Also know

SUMMARY ROUTE
If the Crown proceeds summarily on a hybrid charge above, the maximum is generally 2 years less a day and/or a $5,000 fine (ss. 787 and 320.2).
REPEAT OFFENCES
Repeat offences: if someone was hurt or killed, the minimum rises to 30 days in jail for a second offence and 120 days for each later offence (ss. 320.2 and 320.21).
COURT DRIVING BAN
For all of these charges, the court can also ban you from driving: up to 3 years if the Crown proceeds summarily, up to 10 years by indictment, and any length if the maximum is life. The ban is added on top of any jail time (s. 320.24).
ONTARIO LICENCE SUSPENSION
Separately, Ontario automatically suspends your licence for at least 1 year on a first conviction for dangerous driving, failing to stop or fleeing police, with longer suspensions for repeat convictions (Highway Traffic Act, s. 41). Driving while prohibited carries its own suspension (s. 42).

(s. 320.22)

  • More than one person was hurt or killed.
  • Street racing or a contest of speed.
  • A passenger under 16.
  • Being paid to drive.
  • A blood alcohol level of 120 mg or more.
  • Driving a large motor vehicle.
  • Not being permitted to drive.

These are maximums set by law, not predictions.

The law

What the Crown must prove

Dangerous driving

Dangerous driving, s. 320.13

  1. Operating. You were driving, or had care or control of, a vehicle, or operating a boat or other conveyance.

  2. Danger to the public. The way you drove was dangerous to the public, considering everything, such as the road, traffic, weather and location.

  3. Marked departure. Your driving was a marked departure from what a reasonable, careful driver would do in the same situation. A momentary lapse is generally not enough.

  4. Cause (bodily harm or death charges only). Your dangerous driving caused the injury or death.

Failing to stop

Failing to stop, s. 320.16

The Crown must prove all four.

  1. Operating. You were operating the vehicle.

  2. An accident. It was involved in an accident with a person or another vehicle.

  3. Knowledge. You knew, or were reckless about whether, the accident happened.

  4. Failure. Without a reasonable excuse, you did not stop, give your name and address, and offer help if someone was hurt or needed help.

Fleeing police

Fleeing police, s. 320.17

The Crown must prove all three.

  1. Operating. You were driving a motor vehicle or operating a boat.

  2. Pursuit. A peace officer was pursuing you.

  3. Failure to stop. Without a reasonable excuse, you did not stop as soon as was reasonable in the circumstances.

Driving while prohibited

Driving while prohibited, s. 320.18

The Crown must prove all three.

  1. Operating. You were operating a conveyance.

  2. Prohibition. You were prohibited from doing so by a court order under the Criminal Code, or by another legal restriction connected to a Criminal Code conviction or discharge.

  3. No exception. You were not driving within a provincial ignition interlock program, in compliance with its conditions.

THE COURT PROCESS

How your case moves through court in Ontario

  1. Day 1

    Arrest and release

    Police release you with a court date, or hold you for a bail hearing, which must generally happen within 24 hours.

  2. First court date

    First appearance

    Your lawyer can usually appear for you by filing a designation, so you may not have to attend.

  3. The following weeks

    Disclosure

    The Crown must share its evidence, such as police notes, video and statements. We review all of it.

  4. Discussions

    Crown pre-trial

    We meet the Crown to discuss the evidence, its weak points and possible resolutions.

  5. Narrowing the issues

    Judicial pre-trial

    In many cases, a judge meets with both sides to narrow the issues and plan the next steps.

  6. The outcome

    Resolution or trial

    The charge may be withdrawn or resolved, or it goes to trial, where the Crown must prove guilt beyond a reasonable doubt.

Release conditions for driving charges often include not driving. Breaking a release condition is a separate offence (s. 145).

Just arrested? Read what to do in the first 24 hours.

Your options

Possible outcomes

No conviction

These outcomes end the case without a criminal conviction.
WithdrawalThe Crown drops the charge.

The Crown may withdraw the charge where there is no reasonable prospect of conviction.

DischargeFound guilty, but no conviction is entered.

For dangerous driving, failing to stop, fleeing police or driving while prohibited without injury or death, a court may grant a discharge, which is not a conviction. A discharge is not a conviction. It can still affect your Ontario licence, so get advice before you agree to a resolution.

Conviction

These outcomes follow a finding of guilt and leave a criminal record.
ConvictionThe court enters a conviction and imposes sentence.

If the Crown proves its case, or you plead guilty, the court imposes a sentence. See the penalties above.

Depends on the case

These steps can lead to either result.
A provincial charge insteadThe case proceeds under provincial law.

Depending on the evidence, a case may be resolved with a Highway Traffic Act charge, such as careless driving. That is not a criminal offence.

TrialThe court hears evidence and decides guilt.

The Crown must prove every element. You may be acquitted.

No lawyer can promise a result.

THE CROWN'S VIEW

How the Crown looks at a dangerous driving charge

The Crown can only continue with a dangerous driving charge if there is a reasonable prospect of conviction. The case must also be in the public interest. When someone has been hurt or killed, the public interest strongly favours going ahead. So the strength of the evidence is usually the key issue.

The main question is whether the driving was a marked departure from what a careful driver would do. A brief lapse is usually not enough. Prosecutors look at the speed, the road and weather conditions, and how long the driving pattern lasted. They also review any collision reconstruction, dashcam video or vehicle data. Our lawyer trained at an Ontario Crown Attorney's Office and reviews this evidence with the same questions in mind.

Where the evidence points to a mistake rather than a crime, raising that gap with the Crown early can make a large difference. Dangerous driving carries up to 10 years, or more if someone is hurt or killed, and that can affect immigration status. See our guide to dangerous driving vs careless driving.

Your defence

How we defend dangerous driving charges

Marked departure or a momentary lapse?

The law separates bad driving from criminal driving. A brief error, even one with serious results, may not be a marked departure. We test how the Crown describes your driving against the evidence.

Who was driving

The Crown must prove you were the driver. Where identity rests on a witness, a partial plate or a quick look, we test whether it is reliable.

Did the driving cause the harm?

For the bodily harm and death charges (s. 320.13(2) and (3)), the Crown must prove your driving caused the injury. We look at the collision reconstruction, the other driver's actions and the road conditions.

What you knew

For failing to stop (s. 320.16), the Crown must prove you knew of the accident, or were reckless about it. We look at the impact, the visibility and what you could have noticed.

A reasonable excuse

Both offences (s. 320.16 and 320.17) allow for a reasonable excuse. We look at why you did not stop, and whether it was safe or possible to do so.

The evidence and your Charter rights

We review dashcam and surveillance video, vehicle data, the reconstruction report and any statements, and whether police respected your rights to counsel and against unreasonable search (Charter ss. 8 and 10(b)).

WHAT TO DO NOW

What to do if you have been charged

  1. Read your release papers, and do not drive if they say you cannot.
  2. Save any dashcam footage now, before it records over.
  3. Write down what happened, the time and the road conditions while you still remember.
  4. Note any witnesses and their contact details.
  5. Do not explain yourself to police or your insurer before getting legal advice.
  6. Call a lawyer before your first court date.

PEEL REGION

Dangerous driving charges in Peel Region

In Mississauga and Brampton, Peel Regional Police lay dangerous driving charges. In Caledon, the Ontario Provincial Police lay them. Peel has several major highways and many busy roads. So many of these cases involve collisions, where police collect dashcam video, witness statements and data from the vehicles.

The Brampton Crown Attorney's Office prosecutes these charges at the A. Grenville and William Davis Courthouse. Under Ontario Crown policy, a driving offence that caused death or bodily harm can never go to a community justice program. For dangerous driving with no injury, the Crown has more options. A careful review of the evidence can sometimes lead to a careless driving resolution under provincial law instead of a criminal one. Our Brampton courthouse guide explains the local process.

BEFORE YOU CALL

Preparing for the first conversation

Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.

  1. The charge and the section number, exactly as written.

  2. Your next court date, time and courthouse.

  3. Any conditions, such as not driving or where you must live.

WHY AFTERMATH LAW

A defence you can reach, afford and understand

Call 24/7Including from the police station

Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.

Legal Aid acceptedWe'll help you check if you qualify

We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.

Flat fees, payment plansAgreed in writing before work starts

Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.

English, Punjabi, HindiFamily can join, with your consent

Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.

Trained at an Ontario Crown Attorney's Office

Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.

LANGUAGES

Consultations in English, Punjabi and Hindi

Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.

Next steps

Talk to a lawyer today

If you are facing a dangerous driving charge, call (647) 223-1980, any time, day or night. Start with a free consultation, and you can book it online.

Call 24/7

General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.

Questions

Frequently asked questions

Is dangerous driving the same as careless or stunt driving?

No. Careless driving and stunt driving are provincial offences under Ontario's Highway Traffic Act. Dangerous driving is a criminal offence under the Criminal Code and can lead to a criminal record. This page covers the criminal charge.

Will I lose my licence?

A conviction for dangerous driving, failing to stop or fleeing police leads to an automatic Ontario suspension of at least 1 year for a first conviction. A discharge can also affect your licence, so ask your lawyer before you resolve the case. The court can also order a separate driving ban, and your release conditions may stop you driving while the case is ongoing.

Can I drive before my trial?

It depends on your release conditions and your licence status. Check your release papers. If they say you cannot drive, do not drive. Breaking a release condition is a separate charge.

Can a dangerous driving charge be reduced to careless driving?

Sometimes. Depending on the evidence, a case may be resolved with a provincial careless driving charge, which is not a criminal offence. No lawyer can promise this result.

Is jail mandatory?

Not for a first offence of dangerous driving without injury, which has no minimum. If someone was hurt or killed, a minimum $1,000 fine applies on a first offence, with jail minimums for repeat offences, and the Crown may seek jail in serious cases.