Dangerous Driving Causing Bodily Harm in Ontario

The short answer

Dangerous driving causing bodily harm is a Criminal Code offence for driving that is dangerous to the public and injures someone, and it is set out in s. 320.13(2). It carries a maximum of 14 years in prison. A first offence has a minimum $1,000 fine, which means a discharge is not possible. Many of these cases turn on one question: was the driving truly criminal, or was it a mistake that is better dealt with as careless driving under the Highway Traffic Act?

What the Crown must prove

Common situations

• Driving at high speed through intersections or residential streets.
• Running a red light and hitting another vehicle or a pedestrian.
• Weaving between lanes or tailgating at highway speed.
• Passing on a blind curve or the crest of a hill.
• Racing another vehicle on a public road.

What happens after you are charged

1. Release: Most people are released with conditions, which often include a ban on driving while the case is ongoing.
2. Disclosure: The Crown provides police notes, witness statements, photographs, the collision reconstruction report and any vehicle or video data.
3. Review of the evidence: Your lawyer reviews the reconstruction and may arrange an independent review of the technical evidence.
4. Your election: If the Crown proceeds by indictment, you can choose a trial in the Ontario Court of Justice, or in the Superior Court of Justice with or without a jury. Because the maximum is 14 years, you can also ask for a preliminary inquiry.
5. Resolution or trial: Some cases resolve through a plea to a lesser offence, while others go to trial on the marked departure or causation issues.

The evidence in a typical case

Police collision reconstruction teams often measure skid marks, crush damage and the final positions of the vehicles to estimate speed and timing. Many modern vehicles also have an event data recorder, sometimes called a "black box," which can store speed, braking and steering information from the seconds before a crash. The Crown may also rely on dashcam or traffic camera video, witness statements and phone records.

Each type of evidence has limits. Reconstruction estimates involve assumptions, witnesses often disagree about speed and distance, and vehicle data must be properly downloaded and interpreted. An independent review can reveal errors that change the whole case.

How these charges are defended

• No marked departure: The driving may have been careless, but it was not criminal.
• Causation: Another driver, road conditions or a mechanical failure caused the collision.
• Identity: The evidence does not prove who was actually driving.
• Reconstruction evidence: Collision reports and vehicle event data can be wrong or open to interpretation.
• Charter issues: Statements were taken without proper rights warnings, or vehicle data was seized without a warrant.

The Crown may sometimes accept a plea to careless driving under the Highway Traffic Act. See dangerous vs careless driving.

Penalties

• Maximum: The maximum is 14 years by indictment, or 2 years less a day on summary conviction.
• First offence: There is a minimum $1,000 fine.
• Second offence: There is a minimum of 30 days in jail.
• Later offences: There is a minimum of 120 days in jail.
• Driving prohibition: The court can ban you from driving for up to 10 years plus any jail time by indictment, or up to 3 years on summary conviction (s. 320.24).
• Ontario suspension: Ontario suspends your licence for at least 1 year after a first conviction, with longer suspensions for repeat convictions.

Racing is an aggravating factor at sentencing (s. 320.22). Bill C-16, passed in June 2026, also allows judges to go below a mandatory minimum in rare cases where it would be grossly disproportionate. See dangerous driving sentences and driving bans. If the injured person later dies, the Crown can lay the more serious charge described in our guide to dangerous driving causing death.

Effects beyond the sentence

Because the maximum is 14 years, a conviction can make a permanent resident inadmissible for serious criminality under s. 36 of the Immigration and Refugee Protection Act. A criminal driving conviction usually raises insurance premiums sharply, and some insurers may refuse coverage altogether. People who drive for work, such as delivery, rideshare or truck drivers, can lose their jobs. A conviction can also lead to being refused entry to the United States.

What to do now

• Do not speak to police or your insurer about the collision before you get legal advice.
• Do not drive if your release conditions or licence status forbid it.
• Keep any dashcam footage, photos and repair records connected to the collision.
• Write down what you remember about the road, the weather and the other vehicles while the details are fresh.

Possible outcomes

How we can help

We can get an independent review of the collision evidence, test whether the driving was a marked departure, and push for a careless driving resolution where the facts support it. Call (647) 223-1980 for a free consultation. We accept Legal Aid Ontario certificates.

Frequently asked questions