Dangerous Driving Sentences and Driving Bans in Ontario

The short answer

Sentences for dangerous driving depend mostly on whether anyone was hurt. Basic dangerous driving has no minimum sentence, and a discharge is possible. Once someone is injured or killed, there is a minimum fine, a discharge is no longer available and jail becomes more likely. Almost every conviction also means losing your licence for at least a year, so protecting your ability to drive is often a major concern.

Maximum and minimum penalties

Dangerous operation (s. 320.13(1))

• Maximum: The maximum is 10 years, and there is no minimum for a first offence.

Causing bodily harm (s. 320.13(2))

• Maximum: The maximum is 14 years, with a minimum $1,000 fine for a first offence.

Causing death (s. 320.13(3))

• Maximum: The maximum is life, with a minimum $1,000 fine for a first offence.

Flight from police (s. 320.17)

• Maximum: The maximum is 10 years, and there is no minimum for a first offence.

Failing to stop after an accident (s. 320.16(1))

• Maximum: The maximum is 10 years, and there is no minimum for a first offence.

Summary conviction is available for all of these offences except causing death, with a maximum of 2 years less a day. For a second bodily harm or death offence, the minimum is 30 days in jail, and later offences carry a 120-day minimum.

Discharges for dangerous driving

• Basic dangerous operation: A discharge is possible, because this offence has no minimum and a maximum under 14 years (s. 730).
• Bodily harm or death: A discharge is not possible, because these offences carry minimum punishments.

Other sentencing options

• Fines and probation: These are common for basic dangerous driving with no injuries.
• Conditional sentence: A sentence under two years can be served in the community if no minimum jail term applies and the judge finds it safe (s. 742.1).
• Jail: This is more likely where someone was seriously injured or killed.

How judges decide

Every sentence must fit the seriousness of the offence and the driver's degree of responsibility. In driving cases, judges focus on how dangerous the driving was, how long it lasted, whether it was deliberate, and the harm it caused. They also consider deterrence, because dangerous driving puts everyone on the road at risk.

What makes a sentence higher

The court must treat these as aggravating factors (s. 320.22):

• Injuring or killing more than one person.
• Street racing.
• Having a child under 16 in the vehicle.
• Driving for pay, or driving a large vehicle.
• Having a blood alcohol level of 120 mg or more.
• Driving while prohibited.

What makes it lower

Mitigating factors include a clean driving and criminal record, genuine remorse, an early guilty plea, completed driving courses and good character letters. Steps such as voluntarily giving up driving before trial, or paying for counselling or treatment where it is relevant, can also help show responsibility.

Driving prohibitions and licence suspensions

Court prohibition (s. 320.24)

• By indictment: The ban can last up to 10 years plus any jail, for dangerous operation, bodily harm, flight and failing to stop.
• On summary conviction: The ban can last up to 3 years.
• Where a death was caused: The ban can be any length the court considers appropriate.

Ontario licence suspension

• First conviction: Ontario suspends your licence for at least 1 year after a first conviction, with longer suspensions for repeat convictions.

The conviction stays on your Ontario driving record for at least 10 years. A discharge is not a conviction, but it can also affect your licence, so get advice before you resolve the case.

Preparing for sentencing

Good preparation can make a real difference. Helpful material may include proof of a clean driving record, completion of a defensive driving course, letters from employers and community members, and information about how a driving ban will affect your work and family. If your job depends on driving, a lawyer can present that impact carefully to the court.

Effects beyond the sentence

Because basic dangerous driving carries a 10-year maximum, even a conviction without injuries can make a permanent resident inadmissible for serious criminality. Insurance premiums usually rise sharply after a criminal driving conviction, and some insurers refuse to renew. A conviction can also lead to being refused entry to the United States.

Victim impact statements

When someone was injured or killed, the victims or their families can give victim impact statements at sentencing. The judge must consider these statements. They describe the physical, emotional and financial harm caused by the collision. They can affect the sentence, but they do not decide it.

Probation and conditions

Many dangerous driving sentences include probation, which can last up to 3 years. Common conditions include completing a driving course, doing community service, paying restitution for damage, and not driving outside the terms of any court order. Breaking a probation condition is a separate criminal offence.

Conditional sentences in driving cases

A conditional sentence is a jail sentence of less than 2 years served in the community, often with house arrest. It can be a realistic option for many first offenders where no minimum jail term applies. It is still a conviction, and a driving prohibition is usually ordered at the same time. Breaching a condition of a conditional sentence can lead to serving the rest of the sentence in jail.

What to do now

• Ask your lawyer for the realistic range for your charge.
• Start a driving course now. It shows the court you take safety seriously.
• Gather letters from people who know you well.
• Keep proof of your work schedule and how a ban would affect it.
• Do not drive if a release condition says you cannot.
• Keep copies of every court document, including your release order and any prohibition order.

How we can help

We can explain the realistic range for your charge and argue for the outcome that protects your licence and record as much as possible. Call (647) 223-1980 for a free consultation.

Frequently asked questions